Richard A. Epstein | University of Chicago Law School

Biography

Richard A. Epstein is the James Parker Hall Distinguished Service Professor Emeritus of Law and a Senior Lecturer at the University of Chicago Law School. Epstein started his legal career at the University of Southern California, where he taught from 1968 to 1972. He served as Interim Dean of the Law School from February to June 2001. He is also the Laurence A. Tisch Professor of Law at New York University, and the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution.

Professor Epstein received an LLD, hc, from the University of Ghent in 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Medical School since 1983. He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991 to 2001.

His books include The Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014); Cases and Materials on Torts (Aspen Law & Business; 10th ed. 2012) (with Catherine M. Sharkey); Design for Liberty: Private Property, Public Administration, and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less Is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press 2006); How Progressives Rewrote the Constitution (Cato 2006); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books 1998); Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley 1997); Simple Rules for a Complex World (Harvard 1995); Bargaining with the State (Princeton 1993); Forbidden Grounds: The Case against Employment Discrimination Laws (Harvard 1992); Takings: Private Property and the Power of Eminent Domain (Harvard 1985); and Modern Products Liability Law (Greenwood Press 1980). He has written numerous articles on a wide range of legal and interdisciplinary subjects.

Professor Epstein has taught courses in administrative law, antitrust law civil procedure, communications, constitutional law, contracts, corporations, criminal law, criminal procedure, employment discrimination law, environmental law, financial regulation, health law and policy, legal history, labor law, military law, property, real estate development and finance, jurisprudence, labor law, land use planning, patents, individual, estate and corporate taxation, Roman law, torts, water law, and workers' compensation.

Education and Experience

Education

Yale Law School

LLB, cum laude, 1968
Order of the Coif

Oxford University

BA (Juris.), First Class Honors, 1966

Columbia College

BA, summa cum laude, 1964
Phi Beta Kappa

Experience

The University of Chicago Law School

James Parker Distinguished Service Professor Emeritus of Law and Senior Lecturer, 2011-present
Interim Dean, February-June 2001
James Parker Hall Distinguished Service Professor of Law, 1988-2011
James Parker Hall Professor of Law, 1982-1988
Professor of Law, 1973-1982
Visiting Associate Professor of Law, 1972-1973

New York University Law School

Laurence A. Tisch Professor of Law, 2011-present

Hoover Institution, Stanford University

Peter and Kirsten Bedford Senior Fellow, 2000-present

University of Southern California

Associate Professor of Law, 1970-1973
Assistant Professor of Law, 1968-1970

Publications

Books (Author)

The Dubious Morality of Modern Administrative Law (Rowman & Littlefield, 2020).www
Classical Foundations of Liberty and Property: Liberty, Property, and the Law (Taylor & Francis, 2020).
Cases and Materials on Torts (12th ed. ed.) (Wolters Kluwer, 2020) (with Catherine M. Sharkey).
The Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard University Press, 2014).cu
Cases and Materials on Torts (10th ed.) (Wolters Kluwer, 2012) (with Catherine M. Sharkey).cu
Design for Liberty: Private Property, Public Administration, and the Rule of Law (Harvard University Press, 2011).cu
26 Why Progressive Institutions Are Unsustainable - Encounter Broadsides (Encounter Books, 2011).cu
The Case Against the Employee Free Choice Act (Hoover Press, 2009).cu
Supreme Neglect: How to Revive Constitutional Protection for Private Property (Oxford University Press, 2008).cu
Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press, 2008).cu
Cases and Materials on Torts (9th ed.) (Wolters Kluwer/Aspen, 2008).cu
Antitrust Consent Decrees in Theory and Practice: Why Less is More (AEI, 2007).cu
Brief of Twenty-Eight Law Professors as Amici Curiae in Support of Petitioner: Zoltek Corporation (Cockle Law Brief Printing, 2007) (with Adam Mossoff).cu
The Structural Unity of Real and Intellectual Property (The Progress and Freedom Foundation, 2006) (Keynote address, Aspen Summit).cu
How Progressives Rewrote the Constitution (Cato Institute, 2006).cu
Intellectual Property for the Technological Age - The Manufacturing Innovation Series (Manufacturing Institute, 2006).cu
Skepticism, Faith, and Freedom (Heartland Institute, 2006) (with Robert A. Sirico).cu
Affirmative Action: The U.S. Experience and Implications for New Zealand (New Zealand Business Roundtable, 2005).cu
Free Markets Under Siege: Cartels, Politics, and Social Welfare (Hoover Institution Press, 2005) (with Geoffrey Owens & Geoffrey Wood).cu
Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI Press, 2004) (with Michael Greve).cu
Cases and Materials on Torts (8th ed.) (Aspen, 2004).cu
Skepticism and Freedom: A Modern Case For Classical Liberalism (University of Chicago Press, 2004).cu
On Transitions from Group Care: Homeward Bound (Haworth Press, 2002).cu
Principles for a Free Society: Reconciling Individual Liberty with the Common Good (paperback ed.) (Perseus Pub., 2002).cu
Equal Opportunity or More Opportunity? The Good Thing About Discrimination? (Civitas: Institute for the Study of Civil Society, 2002).cu
Cases and Materials on Torts (7th ed.) (Aspen, 2000).cu
Torts (5th ed.) (Aspen Law & Business, 1999).cu
Mortal Peril: Our Inalienable Right to Health Care? (Addison-Wesley, 1997).cu
Cases and Materials on Torts (6th ed.) (Little Brown and Company, 1995).cu
Simple Rules for a Complex World (Harvard University Press, 1995).cu
Supplement to Cases and Materials on Torts, 5th ed., 1993 Supplement (Little Brown and Company, 1993).cu
Bargaining with the State (Princeton University Press, 1993).cu
Torts, 1993 Supplement (Little Brown and Company, 1993).cu
Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard University Press, 1992).cu
The Bill of Rights in the Modern State (University of Chicago Press, 1992) (with Geoffrey R. Stone & Cass R. Sunstein).cu
Cases and Materials on Torts (5th ed.) (Little Brown and Company, 1990).cu
Supplement to Cases and Materials on Tort, 1987 Supplement (Little Brown and Company, 1987).cu
Gregory, Kalven and Epstein on Torts, 4th ed., 1987 Supplement (Little Brown and Company, 1987).cu
The New Right v. the Constitution (Cato Institute, 1986).cu
Takings: Private Property and the Power of Eminent Domain (Harvard University Press, 1985).cu
Cases and Materials on Torts (4th ed.) (Little Brown and Company, 1984).cu
Cases and Materials on Torts (Little Brown and Company, 1981) (with Charles O. Gregory & Harry Kalven).cu
Cases and Materials on Torts Supplement (Little Brown and Company, 1981).cu
Modern Products Liability Law (Quorum Books, 1980).cu
Cases and Materials on Torts (3rd ed.) (Little Brown and Company, 1977).cu

Books (Editor)

Classical Foundations of Liberty and Property: Liberty, Property, and the Law. (Taylor & Francis, 2020). cu
Economics of Constitutional Law. (Edward Elgar, 2009). cu www
Economics of Property Law. (Edward Elgar, 2007). cu
Federal Preemption: States' Powers, National Interests. (AEI Press, 2007) (edited with Michael Greve). cu
Classical Foundations of Liberty and Property. (Garland, 2000). cu
Contract - Freedom and Restraint. (Garland, 2000). cu
Modern Understandings of Liberty and Property. (Garland, 2000). cu
Constitutional Protection of Private Property and Freedom of Contract. (Garland, 2000). cu
Private and Common Property. (Garland, 2000). cu
The Bill of Rights in the Modern State. (University of Chicago Press, 1992) (edited with Geoffrey R. Stone & Cass R. Sunstein). cu
Labor Law and the Employment Market: Foundations and Applications. (Transaction Press, 1985) (edited with Jeffrey Paul). cu

Journal Articles

"The Natural Law Origins of Private and Public Law," 17 New York University Journal of Law and Liberty 205 (2024). www
"The DOJ and FTC's Misguided Attack on Mergers," 49 Journal of Corporation Law 275 (2024). www
"The Bottini Saga: Why Housing Shortages are Endemic in California," 17 New York University Journal of Law and Liberty 404 (2024). www
"A Wall of Separation Between Money and State: Policy and Philosophy for the Era of Cryptocurrency," 29 Brown Journal of World Affairs 1 (2023) (with Max Raskin). www
"Levmore on Simple Rules," 10 Texas A&M Law Review 649 (2023). www
"A Modern Defense of Simple Rules for a Complex World," 10 Texas A&M Law Review 581 (2023). www
"Rethinking Disclosure Obligations in Securities Regulations: Why less Is (Much) More," 2023 Michigan State Law Review 1035 (2023).
"Sequential Uses of Copyrighted Materials: Transforming Transformative Use Doctrine In Andy Warhol Foundation v. Goldsmith," 2022 Michigan State Law Review 1041 (2023). www
"The Classical Liberal Version of Labor Law: Beware of Coercion Dressed up as Liberty," 24 Theoretical Inquiries in Law 97 (2023). www
"The Application of Antitrust Law to Labor Markets — Then and Now," 15 New York University Journal of Law and Liberty 327 (2022). ssrn www
"The Excessive Ambitions of Stakeholder Ideology," 77 Business Lawyer 755 (2022).
"Market Competition as a Constitutional Virtue: A Defense of Lochner and a Revitalized Dormant Commerce Clause," 16 New York University Journal of Law and Liberty 308 (2022).
"Antitrust Overreach in Labor Markets: A Response to Eric Posner," 15 New York University Journal of Law and Liberty 407 (2022). www
"The Private Law Connections to Public Nuisance Law: Some Realism about Today's Intellectual Nominalism," 17 Journal of Law, Economics and Policy 282 (2022).
"A Rational Immigration Policy," 22 Hoover Digest 91 (2022).
"Rules and Reasons, Public and Private: On the Use and Limits of Simple Rules 25 Years Later," 52 European Journal of Law and Economics 363 (2021). www
"Getting It Right: The push for open borders ignores the hard questions. How to ask--and answer--them.," 3 Hoover Digest 108 (2021). www
"Liability Rules for Autonomous Vehicles," 10 Journal of Entrepreneurship and Public Policy 218 (2021).
"College Isn't Free--Nor Should It Be: Wiping out student debt would involve staggering costs and unfair taxation. Worse, loan forgiveness would violate the principle of making degrees pay for themselves.," Hoover Digest __ (2021). www
"Delegation of Powers: A Historical and Functional Analysis," 24 Chapman Law Review 659 (2021).
"Valuation Blunders in the Law of Eminent Domain," 96 Notre Dame Law Review 1441 (2021).
"Birth Rights and Birth Wrongs Through A Common Law Lens: Why the No Liability Regime Is Likely to Ensure," 23 Journal of Contemporary Legal Issues 67 (2021).
"Property Rights: Long and Skinny," 14 International Journal of the Commons 567 (2020). www
"The Civil Rights Juggernaut," 2020 University of Illinois Law Review 1541 (2020).
"Joint Employment: The Unintended and Unpredictable "Employment" Relationship," 45 University of Dayton Law Review 489 (2020) (with Timothy Tymkovich, Phillip Miscimarra, Richard Griffin & Pepper Crutcher).
"The Acquisition of Property Rights in Animals: A Brief Comment on Oliar and Stern: Right on Time: First Possession in Property and Intellectual Property," 100 Boston University Law Review Online 11 (2020).
"The Many Sins of NEPA," 6 Texas A&M Law Review 1 (2019).
"Introduction to the Symposium on Convergence and Divergence in Private Law," 92 Southern California Law Review 741 (2019) (with Yun-chien Chang). www
"The Necessity of Convergence in Private Law," 92 Southern California Law Review 751 (2019). www
"Judge Koh's Monopolization Mania: Her Novel Antitrust Assault against Qualcomm Is an Abuse of Antitrust Theory," 98 Nebraska Law Review 241 (2019). www
"The Regulatory Hour: The History, Law and Economics of Minimum Wage and Maximum Hours Legislation," 12 NYU Journal of Law & Liberty 477 (2019). www
"Citizenship, Alienage and Territoriality: Why Both Pennoyer and Eisentrager are Wrong as a Matter of General Jurisprudence and American Constitutional Law," 55 Willamette Law Review 421 (2019).
"Showcase Panel I: What is Regulation For?," 98 Nebraska Law Review 109 (2019) (with Philip Hamburger, Kathryn Kovacs, Jon D. Michaels & Britt Grant). www
"Structural Protections for Individual Rights: The Indispensable Role of Article III - Or Even Article I - Courts in the Administrative State," 26 George Mason Law Review 777 (2019).
"Sitaraman’s Mistaken Case for the Middle-Class Constitution," 98 Boston University Law Review Online 15 (2018).
"The Nature of the Religious Firm," 21 Journal of Markets and Morality 141 (2018).
"Regulatory Enforcement Under New York's Martin Act: From Financial Fraud to Global Warming," 14 New York University Journal of Law and Business 805 (2018). cu
"Introduction to Decentralization and Development," 102 Minnesota Law Review 1485 (2018) (with Shitong Qiao). cu
"The Supreme Court Tackles Patent Reform: A Series of Articles Examining Oil States Energy Services, LLC v. Greene's Energy Group, LLC," 19 Federalist Society Review 88 (2018). cu
"Positive and Negative Externalities in Real Estate Development," 102 Minnesota Law Review 1493 (2018). cu
"The Wrong Rights, or: The Inescapable Weaknesses of Modern Liberal Constitutionalism," 85 University of Chicago Law Review 403 (2018). cu
"A Not Quite Contemporary View of Privacy," 41 Harvard Journal of Law and Public Policy 95 (2018). cu
"The Role of Exit Rights: What the Theory Of the Firm Says About the Conduct of Brexit Negotiations," 39 Cardozo Law Review 825 (2018). cu
"A Common Law for the First Amendment," 41 Harvard Journal of Law and Public Policy 1 (2018). cu
"The Misconceived Modern Attack on Right to Work Laws," 2017 University of Chicago Legal Forum 95 (2017). cu
"Hayek’s Constitution of Liberty - A Guarded Retrospective," 30 Review of Austrian Economics 415 (2017). cu
"Why Incentives for "Patent Holdout" Threaten to Dismantle FRAND, and Why It Matters," 32 Berkeley Technology Law Journal 1381 (2017) (with Kayvan B. Noroozi). cu
"In Memoriam: Michael E. Levine", 11 New York University Journal of Law and Liberty 1 (2017). cu
"Dual Sovereignty Under the Constitution: How Best to Protect States Against Federal Taxation and Regulation," 49 Arizona State Law Journal 936 (2017). cu
"Disappointed Expectations: How The Supreme Court Failed to Clean Up Takings Law in Murr v. Wisconsin," 11 New York University Journal of Law and Liberty 151 (2017). cu
"Compounding Errors: Why Heightened Regulation and Taxation Are Bad Antidotes for Recessions and Income Inequality," 17 Theoretical Inquiries in Law 711 (2017). cu
"Review of Peter T. Leeson, Anarchy Unbound: Why Self-Governance Works Better Than You Think," 30 Review of Austrian Economics 259 (2017). cu
"Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia," 6 British Journal of American Legal Studies 109 (2017). cu
"My Methodological Flip-Flop on Individual Liberty," 14 Econ Journal Watch 288 (2017). cu
"Concepts before Percepts: The Central Place of Doctrine in Legal Scholarship," 84 University of Chicago Law Review 99 (2017). cu
"The Unfinished Business Of Horne v. Department Of Agriculture," 10 New York University Journal of Law and Liberty 734 (2016). cu
"Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum," 14 Colorado Technology Law Journal 181 (2016). cu
"The Deepening EU Blindness on Privacy: A Pointed Response to Professor Martin Scheinin," 12 European Consititutional Law Review 349 (2016). cu
"The ECJ's Fatal Imbalance," 12 European Consititutional Law Review 330 (2016). cu
"The Two Sides Of Magna Carta: How Good Government Sometimes Wins Out Over Public Choice," 47 International Review of Law and Economics 10 (2016). cu
"From Common Law to Environmental Protection: How the Modern Environmental Movement Has Lost Its Way," 23 Supreme Court Economic Review 141 (2016). cu
"Rational Basis Review And FDA Regulation: Why The Two Do Not Mix," 14 Georgetown Journal of Law and Public Policy 417 (2016). cu
"The Role of Guidances in Modern Administrative Procedure: The Case for De Novo Review," 8 Journal of Legal Analysis 47 (2016). cu
"The Double-Edged Sword of State Constitutional Law," 9 New York University Journal of Law and Liberty 723 (2016). cu
"The Ends of Capitalism: An Introduction," 23 Supreme Court Economic Review 1 (2016) (with Mario J. Rizzo). cu
"Linguistic Relativism And The Decline Of The Rule Of Law," 39 Harvard Journal of Law and Public Policy 583 (2016). cu
"Returning to Common-Law Principles of Insider Trading After United States v. Newman," 125 Yale Law Journal 1150 (2016). cu www
"The Mutual Dependency of Force and Law in American Foreign Policy," 83 University of Chicago Law Review 89 (2016) (with Mario Loyola). cu
"Innovation and Inequality: The Separability Thesis," 39 Harvard Journal of Law and Public Policy 1 (2016). cu
"How Spontaneous? How Regulated?: The Evolution Of Property Rights Systems," 100 Iowa Law Review 2341 (2015). cu
"Introduction to Spontaneous Order and Emergence of New Systems of Property," 100 Iowa Law Review 2249 (2015). cu
"Inevitability in Law and Literature: A Strained Relationship," 76 Modern Language Quarterly 271 (2015). cu www
"An Unapologetic Defense of the Classical Liberal Constitution," 128 Harvard Law Review Forum 145 (2015). cu www
"Contractual Solutions for Employment Law Problems," 38 Harvard Journal of Law and Public Policy 789 (2015). cu
"Entick v. Carrington and Boyd v. United States: Keeping the Fourth and Fifth Amendments on Track," 82 University of Chicago Law Review 27 (2015). cu
"The Political Economy of Crowdsourcing: Markets for Labor, Rewards, and Securities," 82 University of Chicago Law Review Dialogue 35 (2015). cu www
"Public Accommodations Under the Civil Rights Act of 1964: Why Freedom of Association Counts as a Human Right," 66 Stanford Law Review 1241 (2014). cu
"Redistribution Within Collective Organizations: What Corporations, Condominiums and Unions Tell Us about the Proper Use of Government Power," 8 New York University Journal of Law and Liberty 279 (2014). cu
"The Common Law Foundations of the Takings Clause: The Disconnect Between Public and Private Law," 30 Touro Law Review 265 (2014). cu
"Modern Environmentalists Overreach: A Plea for Understanding Background Common Law Principles," 37 Harvard Journal of Law and Public Policy 23 (2014). cu
"The Use and Limits of Self-Valuation Systems," 81 University of Chicago Law Review 109 (2014). cu
"Beyond Textualism: Why Originalist Theory Must Apply General Principles of Interpretation to Constitutional Law," 37 Harvard Journal of Law and Public Policy 705 (2014). cu
"The Advantages of Outrage," 116 Technology Review 9 (2013) (Letter to the editor). cu
"Harmonization, Heterogeneity and Regulation: CESL, the Lost Opportunity for Constructive Harmonization," 50 Common Market Law Review 207 (2013). cu
"Intellectual Property and the Law of Contract: The Case Against "Efficient Breach"," 9 European Review of Contract Law 345 (2013). cu
"Immigration Law and Institutional Design," 80 University of Chicago Law Review 1 (2013) (with Adam B. Cox & Eric A. Posner). cu
"Labor Unions: Saviors or Scourges?," 41 Capital University Law Review 1 (2013). cu
"In Praise of Suzanna Sherry and Judicial Activism," 16 Green Bag 443 (2013). cu
"Foreword: The Unfinished Business of the Supreme Court - An Introduction," 8 New York University Journal of Law and Liberty 137 (2013). cu
"The Takings Clause and Partial Interests in Land: On Sharp Boundaries and Continuous Distributions," 78 Brooklyn Law Review 589 (2013). cu
"Legal Remedies for Patent Infringement: From General Principles to FRAND Obligations for Standard Essential Patents," 9 Competition Policy International 69 (2013) (with David Kappos). cu
"Tushnet's Lawless World: A Response to Mark Tushnet, Book Review, Epstein's Best of All Possible Worlds: The Rule of Law, 80 U Chi L Rev 487 (2013)," 80 University of Chicago Law Review Dialogue 1 (2013). cu
"The Economic Consequences of the Obama Reelection: How Stagnation Has Vanquished Growth," 80 Southern Economic Journal 282 (2013). cu
"The Perilous Position of the Rule of Law and the Administrative State," 36 Harvard Journal of Law and Public Policy 5 (2013). cu
"Jersey Central Power & Light Co v Federal Energy Regulatory Comission: Robert Bork on Public Utility Rate Regulation--and Lochner v New York," 80 University of Chicago Law Review Dialogue 193 (2013). cu
"Free Trade and Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy," 80 University of Chicago Law Review 201 (2013). cu
"Big Law and Big Med: The Deprofessionalization of Legal and Medical Services," 38 International Review of Law and Economics 64 (2013). cu
"Intellectual Property and the Law of Contract: The Case against "Efficient Breach"," 2 European Property Law Journal 278 (2013).
"Can Technological Innovation Survive Government Regulation?," 36 Harvard Journal of Law and Public Policy 87 (2013). cu
"Fixing Obamacare: The Virtues of Choice, Competition and Deregulation," 68 New York University Annual Survey of American Law 493 (2013) (with David A. Hyman). cu
"Introduction: Erie Railroad at Seventy-Five," 10 Journal of Law, Economics and Policy 1 (2013) (with Michael Greve). cu
"Letter to the Editor," 10 First Things __ (2012). cu
"Physical and Regulatory Takings: One Distinction Too Many," 64 Stanford Law Review 99 (2012). cu www
"The FTC, IP, and SSOS: Government Hold-up Replacing Private Coordination," 8 Journal of Competition Law and Economics 1 (2012) (with F. S. Kieff & Daniel F. Spulber). cu
"Law in the Hands of the Politicians: The Cycles of American Politics," 12 Common Law Review 3 (2012). cu
"The Role of Accreditation Commissions in Higher Education: The Troublesome Case of Dana College," 79 University of Chicago Law Review 83 (2012). cu
"The Natural Law Bridge between Private Law and Public International Law," 13 Chicago Journal of International Law 47 (2012). cu
"The Property Rights Decisions of Justice Sandra Day O'Connor: When Pragmatic Balancing Is Not Enough," 1 Brigham-Kanner Property Rights Conference Journal 177 (2012). cu
"Constitutional Ratemaking and the Affordable Care Act: A New Source of Vulnerability," 38 American Journal of Law and Medicine 243 (2012) (with Paula M. Stannard). cu
"Unifying Copyright: An Instrumentalist's Response to Shyamkrishna Balganesh," 125 Harvard Law Review Forum 120 (2012). cu
"Judicial Engagement with the Affordable Care Act: Why Rational Basis Analysis Falls Short," 19 George Mason Law Review 931 (2012). cu
Response, "Bring on the Heavy Constitutional Artillery: A Brief Response to Professor Mitchell’s ‘Reconsidering Murdock’", Legal Workshop: University of Chicago Law Review __ (2011). cu
"Breakdown of the Social Democratic State: Taking a Fresh Look at Waldron's Dignity, Rights, and Responsibilities," 43 Arizona State Law Journal 1169 (2011). cu
"Durbin’s Folly: The Erratic Course of Debit Card Markets," 7(2) Competition Policy International 58 (2011). cu
"Licensing of Intellectual Property," 78 University of Chicago Law Review 1 (2011) (with Omri Ben-Shahar & Jonathan S. Masur). cu
"The Constitutional Protection of Trade Secrets and Patents under the Biologics Price Competition and Innovation Act of 2009," 66 Food and Drug Law Journal 285 (2011). cu
"The Constitutionality of the Patient Protections and Affordable Care Act," 12 Engage: The Journal of the Federalist Society's Practice Groups 4 (2011) (debate with Jesse Choper). cu
"Citizens United v. FEC: The Constitutional Right That Big Corporations Should Have But Do Not Want," 34 Harvard Journal of Law and Public Policy 639 (2011). cu
"Questioning the Frequency and Wisdom of Compulsory Licensing for Pharmaceutical Patents," 78 University of Chicago Law Review 71 (2011) (with F. S. Kieff). cu
"Of Pleading and Discovery: Reflections on Twombly and Iqbal with Special Reference to Antitrust," 2011 University of Illinois Law Review 187 (2011). cu
"Branded versus Generic Competition - A Kind Word for the Branded Drugs," 3 Hastings Science and Technology Law Journal 459 (2011). cu
"Do Accounting Rules Matter? - The Dangerous Allure of Mark to Market," 36 Journal of Corporation Law 513 (2011) (with M. Todd Henderson). cu
"The Coase Centennial," 54 Journal of Law and Economics S1 (2011). cu
"Heller's Gridlock Economy in Perspective: Why There is Too Little, Not Too Much Private Property," 53 Arizona Law Review 51 (2011). cu
"Beware of Prods and Pleas: A Defense of the Conventional Views on Tort and Administrative Law in the Context of Global Warming," 121 Yale Law Journal 317 (2011). cu www
"Government By Waiver," 7 National Affairs 39 (2011). cu www
"Direct Democracy: Government of the People, by the People, and for the People," 34 Harvard Journal of Law and Public Policy 819 (2011). cu
"Are We Lifting All Boats or Only Some?: Equity versus Excellence and the Talented Tenth," 11 Education Next 47 (2011) (with Daniel Pianko, Jon Schnur & Joshua Wyner). cu
"Plain Meaning in Context: Can Law Survive Its Own Language?," 6 New York University Journal of Law and Liberty 359 (2011). cu
"The Natural Law Influences on the First Generation of American Constitutional Law: Reflections on Philip Hamburger's Law and Judicial Duty," 6 Journal of Law, Philosophy and Culture 103 (2011). cu
"Can We Design an Optimal Constitution? Of Structural Ambiguity and Rights Clarity," 28 Social Philosophy and Policy 290 (2011). cu
"A New Birth of Economic Freedom (reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011))," XI(4) Claremont Review of Books 38 (2011). cu
"Inside the Coasean Firm: Why Variations in Competence and Taste Matter," 54 Journal of Law and Economics S41 (2011). cu
"The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms," 63 Florida Law Review 1307 (2011). cu
"The Constitutionality of Proposition 8," 34 Harvard Journal of Law and Public Policy 879 (2011). cu
"Littoral Rights under the Takings Doctrine: The Clash between the IUS Naturale and Stop the Beach Renourishment The Very Idea of Judicial Takings," 6 Duke Journal of Constitutional Law and Public Policy 37 (2011). cu
"The Spurious Constitutional Distinction Between Takings and Regulation," 11 Engage: The Journal of the Federalist Society's Practice Groups __ (2010). cu www
"What Tort Theory Tells Us about Federal Preemption: The Tragic Saga of Wyeth v. Levine," 65 New York University Annual Survey of American Law 485 (2010). cu
"Why I Will Never Be a Keynesian," 33 Harvard Journal of Law and Public Policy 387 (2010). cu
"Carbon Dioxide: Our Newest Pollutant," 43 Suffolk University Law Review 797 (2010). cu
"The Classical Liberal Alternative to Progressive and Conservative Constitutionalism (reviewing Jack M. Balkin and Reva B. Siegel, eds.,The Constitution in 2020 (2009))," 77 University of Chicago Law Review 887 (2010). cu
"Academic Fraud Today: Its Social Causes and Institutional Responses," 21 Stanford Law and Policy Review 135 (2010). cu
"A Big Year for the First Amendment: Church and State at the Crossroads: Christian Legal Society v. Martinez," 2009-10 Cato Supreme Court Review 105 (2010). cu
"Bleak Prospects: How Health Care Reform Has Failed in the United States," 15 Texas Review of Law & Politics 1 (2010). cu
"NRA v. City of Chicago : Does the Second Amendment Bind Frank Easterbrook?," 77 University of Chicago Law Review 997 (2010). cu
"How to Undermine Tax Increment Financing: The Lessons of City of Chicago v. ProLogis," 77 University of Chicago Law Review 121 (2010). cu
"Reassessing the State and Local Government Toolkit: Introduction," 77 University of Chicago Law Review 1 (2010) (with Julie A. Roin & Lee Fennell ). cu
"Why We Need Term Limits for Congress: Four in the Senate, Ten in the House," 78 Tennessee Law Review 849 (2010). cu
"Toward a General Theory of Tort Law: Strict Liability in Context," 4 Journal of Tort Law 6 (2010). cu
"Obama's Constitution: The Passive Virtues Writ Large," 26 Constitutional Commentary 183 (2010). cu
"Executive Power in Political and Corporate Contexts," 12 University of Pennsylvania Journal of Constitutional Law 277 (2010). cu
"Political Bankruptcies: How Chrysler and GM Have Changed the Rules of the Game," 59 Freeman 8 (2009). cu www
Response, "Protect Us, Lord, from Title VII: A Response to Gelbach, Klick, and Wexler", The Legal Workshop: University of Chicago Law Review __ (2009). cu
Response, "Not so Private Takings: A Response to Abraham Bell’s Private Takings", The Legal Workshop: University of Chicago Law Review __ (2009). cu
"Overtreated, or Overregulated? (reviewing Shannon Brownlee, Overtreated: Why Too Much Medicine is Making Us Sicker and Poorer (2008))," 28 Health Affairs 920 (2009). cu
"A Speech on the Structural Constitution and the Stimulus Program," 4 Charleston Law Review 395 (2009). cu
"Lessons from the Common Law of Reasonable Expectations," 24 Berkeley Technology Law Journal 1199 (2009). cu
"Debate, Implicit Race Bias and the 2008 Presidential Election: Much Ado about Nothing?," 157 University of Pennsylvania Law Review 210 (2009) (with Gregory S. Parks & Jeffrey J. Rachlinski). cu
"Public Use in a Post-Kelo World," 17 Supreme Court Economic Review 151 (2009). cu
"Property Rights, State of Nature Theory, and Environmental Protection," 4 New York University Journal of Law and Liberty 1 (2009). cu
"Activity Levels under the Hand Formula: A Comment on Gilo and Guttel," 108 Michigan Law Review First Impressions 37 (2009). cu
"The Going Private Phenomenon: Causes and Implications," 76 University of Chicago Law Review 1 (2009) (with M. Todd Henderson). cu
"The Case for Field Preemption of State Laws in Drug Cases," 103 Northwestern University Law Review 463 (2009). cu
"Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs," 94 Minnesota Law Review 1 (2009). cu
"The Disintegration of Intellectual Property - A Classical Liberal Response to a Premature Obituary," 62 Stanford Law Review 455 (2009). cu
"Privacy and the Third Hand: Lessons from the Common Law of Reasonable Expectations," 24 Berkeley Technology Law Journal 1199 (2009). cu
"The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow," 76 University of Chicago Law Review 111 (2009) (with Amanda M. Rose). cu
"Monopolization Follies: The Dangers of Structural Remedies under Section 2 of the Sherman Act," 76 Antitrust Law Journal 205 (2009). cu
"Decentralized Responses to Good Fortune and Bad Luck Moral and Legal Luck," 9 Theoretical Inquiries in Law 309 (2008). cu
"The Subprime Crisis: Why One Bad Turn Leads to Another at Pepperdine University School of Law," 2 Journal of Business, Entrepreneurship and the Law 198 (2008). cu
"Federal Preemption, and Federal Common Law, in Nuisance Cases," 102 Northwestern University Law Review 551 (2008). cu
"The Human and Economic Dimensions of Altruism: The Case of Organ Transplantation," 37 Journal of Legal Studies 459 (2008). cu
"Cybersecurity in the Payment Card Industry," 75 University of Chicago Law Review 203 (2008) (with Thomas P. Brown). cu
"Why the Modern Administrative State Is Inconsistent with the Rule of Law," 3 New York University Journal of Law and Liberty 491 (2008). cu
"Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation," 25 Social Philosophy and Policy 123 (2008). cu
"The Reflections and Responses of a Legal Contrarian," 44 Tulsa Law Review 647 (2008). cu
"A Structural Interpretation of the Second Amendment: Why Heller is (Probably) Wrong on Originalist Grounds," 59 Syracuse Law Review 171 (2008). cu
"The AT&(and)T Consent Decree: In Praise of Interconnection Only," 61 Federal Communications Law Journal 149 (2008). cu
"Property Rights, Public Use, and the Perfect Storm: An Essay in Honor of Bernard H. Siegan," 45 San Diego Law Review 612 (2008). cu
"The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying," 107 Michigan Law Review 1461 (2008). cu
"David P. Currie (1936-2007) In Memoriam," 75 University of Chicago Law Review 1 (2008) (with Gerhard Casper, David Gossett & Herma H. Kay). cu
"Is Group Selection Necessary? An Alternative Interpretation of Homogenous Middleman Groups: Comments on Janet Landa's Paper," 10 Journal of Bionomics 279 (2008). cu
"Happiness and Revealed Preferences in Evolutionary Perspective," 33 Vermont Law Review 559 (2008). cu
"Introduction to the Italian Edition of Overdose," 38 Cumberland Law Review 223 (2007). cu
"How to Create - or Destroy - Wealth in Real Property," 58 Alabama Law Review 741 (2007). cu
"The Dangers of Investor Protection in Securities Markets," 12 Texas Review of Law & Politics 412 (2007). cu
"David Josiah Brewer Addresses Yale Law School," 10 Green Bag 483 (2007). cu www
"Defanging IRBs: Replacing Coercion with Information," 101 Northwestern University Law Review 735 (2007). cu
"Zoning: Deliberative Democracy at Zero Prices," 136 Daedalus 67 (2007). cu
"Contingent Commissions in Insurance: A Legal and Economic Analysis," 3 Competition Policy International 281 (2007). cu
"Pharmaceutical Industry at Risk: How Excessive Government Regulation Stifles Innovation," 82 Clinical Pharmacology and Therapeutics 131 (2007). cu
"From Penn Central to Lingle: The Long Backwards Road," 40 John Marshall Law Review 593 (2007). cu www
"Federalism: Executive Power in Wartime," 5 Georgetown Journal of Law and Public Policy 309 (2007) (with Roger Pilon, Geoffrey R. Stone & John C. Yoo). cu
"Bell Atlantic v. Twombly: How Motions to Dismiss Become (Disguised) Summary Judgments," 25 Washington University Journal of Law and Policy 61 (2007). cu
"The Erosion of Individual Autonomy in Medical Decisionmaking: Of the FDA and IRBs," 96 Georgetown Law Journal 559 (2007). cu
"Tribute to Bernard Meltzer," 74 University of Chicago Law Review 427 (2007). cu
"Conflicts of Interest in Health Care: Who Guards the Guardians?," 50 Perspectives in Biology and Medicine 72 (2007). cu
"On Wal-Mart: Doing Good by Doing Nothing," 39 Connecticut Law Review 1287 (2007). cu
"Influence of Pharmaceutical Funding on the Conclusions of Meta-analyses," 335 British Medical Journal 1167 (2007). cu
"Coniston Corp v. Village of Hoffman Hills: How to Make Procedural Due Process Disappear," 74 University of Chicago Law Review 1689 (2007). cu
"The Neoclassical Economics of Consumer Contracts," 92 Minnesota Law Review 803 (2007). cu
"How to Solve (or Avoid) the Exactions Problem," 72 Missouri Law Review 973 (2007). cu
"The Public Use, Public Trust, and Public Benefit: Could Both Cooley and Kelo Be Wrong?," 9 Green Bag 125 (2006). cu www
"Ending the Mad Scramble: An Experimental Matching Plan for Federal Clerkships," 10 Green Bag 37 (2006). cu www
"Taking Stock of Takings: An Author's Retrospective," 15 William and Mary Bill of Rights Journal 407 (2006). cu
"Why Parties and Powers Both Matter: A Separationist Response to Levinson and Pildes," 119 Harvard Law Review Forum 210 (2006). cu
"What Light If Any Does the Google Print Dispute Shed on Intellectual Property Law?," 7 Columbia Science and Technology Review 1 (2006). cu
"Limiting Financial Disincentives in Live Organ Donation: A Rational Solution to the Kidney Shortage," 6 American Journal of Transplantation 2548 (2006) (with R. Gaston, Gabriel M. Danovitch & Jeffrey P. Kahn). cu
"The Federalism Decisions of Justices Rehnquist and O'Connor: Is Half a Loaf Enough?," 58 Stanford Law Review 1793 (2006). cu
"Behavioral Economics: Human Errors and Market Corrections," 73 University of Chicago Law Review 111 (2006). cu
"Why the FDA Must Preempt Tort Litigation: A Critique of Chevron Deference and a Response to Richard Nagareda," 1 Journal of Tort Law 5 (2006). cu
"Introduction to Symposium: Homo Economicus, Homo Myopicus, and the Law and Economics of Consumer Choice," 73 University of Chicago Law Review 1 (2006) (with Douglas G. Baird & Cass R. Sunstein). cu
"Intuition, Custom, and Protocol: How to Make Sound Decisions with Limited Knowledge," 2 New York University Journal of Law and Liberty 1 (2006). cu
"Our Ignorance about Intelligence," 17 Stanford Law and Policy Review 233 (2006). cu
"It Did Happen Here: Fear and Loathing on the Vaccine Trail," 24 Health Affairs 740 (2005). cu
"The Creator's Own Ideas," 108 Technology Review 56 (2005). cu
"What (Not) to Do about Obesity: A Moderate Aristotelian Answer," 93 Georgetown Law Journal 1361 (2005). cu
"Taxation with Representation: Or, the Libertarian Dilemma," 18 Canadian Journal of Law and Jurisprudence 7 (2005). cu
"The Constitutional Protection of Trade Secrets Under the Takings Clause," 37 Intellectual Property Law Review 661 (2005). cu
"Introductory Remarks: Some Reflections on Two-Sided Markets and Pricing," 2005 Columbia Business Law Review 509 (2005) (with Victor P. Goldberg). cu
"The Uses and Limits of Local Knowledge: A Cautionary Note on Hayek," 1 New York University Journal of Law and Liberty 205 (2005). cu
"Introduction," 5 Yale Journal of Health Policy, Law, and Ethics 713 (2005) (with Mark Siegler & Alix Weisfeld). cu
"Liberty versus Property - Cracks in the Foundations of Copyright Law," 42 San Diego Law Review 1 (2005). cu
"The Roman Law of Cyberconversion," 2005 Michigan State Law Review 103 (2005). cu
"Introduction," 72 University of Chicago Law Review 1 (2005) (with Randal C. Picker). cu
"Kelo: An American Original," 8 Green Bag 355 (2005). cu www
"Justified Monopolies: Regulating Pharmaceuticals and Telecommunications," 56 Case Western Reserve Law Review 103 (2005). cu
"Takings, Commons, and Associations: Why the Telecommunications Act of 1996 Misfired," 22 Yale Journal on Regulation 315 (2005). cu
"Further Thoughts on the Privileges or Immunities Clause of the Fourteenth Amendment," 1 New York University Journal of Law and Liberty 1096 (2005). cu
"One Step Beyond Nozick's Minimal State: The Role of Forced Exchanges in Political Theory," 22 Social Philosophy and Policy 286 (2005). cu
"Contractual Principle versus Legislative Fixes: Coming to Closure on the Unending Travails of Medical Malpractice," 54 DePaul Law Review 503 (2005). cu
"Executive Power, the Commander in Chief, and the Militia Clause," 34 Hofstra Law Review 317 (2005). cu
"Intel v. Hamidi: The Role of Self-Help in Cyberspace," 1 Journal of Law, Economics and Policy 147 (2005). cu
"The Not so Minimum Content of Natural Law," 25 Oxford Journal of Legal Studies 219 (2005). cu
"The Regulation of Interchange Fees: Australian Fine-Tuning Gone Awry," 2005 Columbia Business Law Review 551 (2005). cu
"Regulatory Paternalism in the Market for Drugs: Lessons from Vioxx and Celebrex," 5 Yale Journal of Health Policy, Law, and Ethics 741 (2005). cu
"Of Citizens and Persons: Reconstructing the Privileges or Immunities Clause of the Fourteenth Amendment," 1 New York University Journal of Law and Liberty 334 (2005). cu
"Monopoly Dominance or Level Playing Field - The New Antitrust Paradox," 72 University of Chicago Law Review 49 (2005). cu
"Untying the Grokster Knot: Learning to Live in a Second-Best World," 12 Brown Journal of World Affairs 177 (2005). cu
"Disparities and Discrimination in Health Care Coverage: A Critique of the Institute of Medicine Study," 48 Perspectives in Biology and Medicine S26 (2005). cu
"The Theory and Practice of Self-Help," 1 Journal of Law, Economics and Policy 1 (2005). cu
"The Perils of Posnerian Pragmatism," 71 University of Chicago Law Review 639 (2004). cu
"The Monopolistic Vices of Progressive Constitutionalism," 2004-2005 Cato Supreme Court Review 11 (2004). cu
"Skepticism and Freedom: The Intellectual Foundations of Our Constitutional Order," 6 University of Pennsylvania Journal of Constitutional Law 657 (2004). cu
"The Constitutional Protection of Trade Secrets under the Takings Clause," 71 University of Chicago Law Review 57 (2004). cu
"The Case against Black Reparations," 84 Boston University Law Review 1177 (2004). cu
"A Farewell to Pragmatism," 71 University of Chicago Law Review 675 (2004). cu www
"In Defense of the 'Old' Public Health: The Legal Framework for the Regulation of Public Health," 69 Brooklyn Law Review 1421 (2004). cu
"Introduction to Colloquium: Intellectual Property," 71 University of Chicago Law Review 1 (2004) (with Randal C. Picker & Douglas G. Lichtman). cu
"Reflections on the Historical Origins of Economic Structure of the Law Merchant," 5 Chicago Journal of International Law 1 (2004). cu
"Of Same Sex Relationships and Affirmative Action: The Covert Libertarianism of the United States Supreme Court," 12 Supreme Court Economic Review 75 (2004). cu
"Just Do It!: Title IX as a Threat to University Autonomy," 101 Michigan Law Review 1365 (2003). cu
"Book Review (reviewing Robert D. Cooter, The Strategic Constitution (2000))," 113 Ethics 695 (2003). cu
"Class Actions: Aggregation, Amplification, and Distortion," 2003 University of Chicago Legal Forum 475 (2003). cu
"The 'Necessary' History of Property and Liberty," 6 Chapman Law Review 1 (2003). cu
"Indirect Restraints on the Provision of Health Care Quality," 46 Perspectives in Biology and Medicine 24 (2003). cu
"Beware of Legal Transitions: A Presumptive Vote for the Reliance Interest," 13 Journal of Contemporary Legal Issues 69 (2003). cu
"Cybertrespass," 70 University of Chicago Law Review 73 (2003). cu
"Review of The Strategic Constitution by Robert Cooter," 113 Ethics 695 (2003). cu
"Standing in Law & Equity: A Defense of Citizen and Taxpayer Suits," 6 Green Bag 17 (2002). cu
"Imperfect Liability Regimes: Individual and Corporate Issues," 53 South Carolina Law Review 1153 (2002). cu
Response, "Smoothing the Boundary between Foreign and Domestic Law: Comments on Professors Dodge, Golove, and Stephan", 52 DePaul Law Review 663 (2002). cu
"Beyond Judicial Activism and Restraint," 1 Georgetown Journal of Law and Public Policy 85 (2002). cu
"HIPAA on Privacy: Its Unintended and Intended Consequences," 22 Cato Journal 13 (2002). cu
"Let 'the Fundamental Things Apply': Necessary and Contingent Truths in Legal Scholarship," 115 Harvard Law Review 1288 (2002). cu
"Can Anyone Beat the Flat Tax?," 19 Social Philosophy and Policy 140 (2002). cu
"Book Review (reviewing Haavi Morreim, Holding Health Care Accountable: Law and the New Medical Malpractice (2001))," 7 Independent Review 294 (2002). cu
"Does Literature Work as Social Science? The Case of George Orwell," 73 University of Colorado Law Review 987 (2002). cu
"Liberty, Equality, and Privacy: Choosing a Legal Foundation for Gay Rights," 2002 University of Chicago Legal Forum 73 (2002). cu
"A Rational Basis for Affirmative Action: A Shaky but Classical Liberal Defense," 100 Michigan Law Review 2036 (2002). cu
"Classical Liberalism Meets the New Constitutional Order: A Comment on Mark Tushnet," 3 Chicago Journal of International Law 455 (2002). cu
"The Dubious Constitutionality of the Copyright Term Extension Act," 36 Loyola of Los Angeles Law Review 123 (2002). cu
"The Allocation of the Commons: Parking on Public Roads," 31 Journal of Legal Studies S515 (2002). cu
"Introduction: Managed Care in Perspective," 30 Journal of Legal Studies 527 (2001) (with Mark Siegler). cu
"Intellectual Property: Old Boundaries and New Frontiers," 76 Indiana Law Journal 803 (2001). cu
"The Assault on Managed Care: Vicarious Liability, ERISA Preemption, and Class Actions," 30 Journal of Legal Studies 625 (2001) (with Alan O. Sykes). cu
"Employment and Labor Law Reform in New Zealand Lecture," 33 Case Western Reserve Journal of International Law 361 (2001). cu
"Consent, Not Power, as the Basis of Jurisdiction Frontiers of Jurisdiction," 2001 University of Chicago Legal Forum 1 (2001). cu
"Standing and Spending - The Role of Legal and Equitable Principles," 4 Chapman Law Review 1 (2001). cu
"Life in No Trump: Property and Speech under the Constitution," 53 Maine Law Review 23 (2001). cu
"'In Such Manner as the Legislature Thereof May Direct': The Outcome in Bush v Gore Defended," 68 University of Chicago Law Review 613 (2001). cu
"The Ebbs and Flows in Takings Law: Reflections on the Lake Tahoe Case," 2001-2002 Cato Supreme Court Review 5 (2001). cu
"Too Pragmatic by Half (reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions in an Uncertain World (1999))," 109 Yale Law Journal 1639 (2000). cu
"The Economics of Tort Law: A Hurried and Partial Overview," 10 Kansas Journal of Law and Public Policy 60 (2000). cu
"Privacy, Publication, and the First Amendment: The Dangers of First Amendment Exceptionalism," 52 Stanford Law Review 1003 (2000). cu
"The Uneasy Marriage of Utilitarian and Libertarian Thought," 19 Quinnipiac Law Review 783 (2000). cu
"The Constitutional Perils of Moderation: The Case of the Boy Scouts," 74 Southern California Law Review 119 (2000). cu
"Vicarious Liability of Health Plans for Medical Injuries," 34 Valparaiso University Law Review 581 (2000). cu
"Waste and the Dormant Commerce Clause," 3 Green Bag 29 (2000). cu
"The Dangerous Claims of the Animal Rights Movement," 10 Responsive Community 28 (2000). cu
"The Necessity for Constrained Deliberation," 24 Harvard Journal of Law and Public Policy 159 (2000). cu
"The Assault that Failed: The Progressive Critique of Laissez Faire (reviewing Barbara H. Fried, The Progressive Assault on Laissez Faire : Robert Hale and the First Law and Economics Movement (1998))," 97 Michigan Law Review 1697 (1999). cu
"Hayekian Socialism," 58 Maryland Law Review 271 (1999). cu
"Managed Care Under Siege," 5 Journal of Medicine and Philosophy 434 (1999). cu
"Property Rights Claims of Indigenous Populations: The View from the Common Law," 31 University of Toledo Law Review 1 (1999). cu
"The University in the 21st Century," 18 ACCESS: Critical Perspectives on Cultural and Policy Studies in Education 93 (1999). cu
"Confusion about Custom: Disentangling Informal Customs from Standard Contractual Provisions," 66 University of Chicago Law Review 821 (1999). cu
"Liberty, Patriarchy, and Feminism," 1999 University of Chicago Legal Forum 89 (1999). cu
"Exit Rights and Insurance Regulation: From Federalism to Takings," 7 George Mason Law Review 293 (1999). cu
"Encryption, Key Escrow, and the Clash of Imperatives," 2 Electronic Banking Law and Commerce Report 7 (1998). cu
"Living Dangerously: A Defense of Mortal Peril," 1998 University of Illinois Law Review 909 (1998). cu
"Lest We Forget: Buchanan v. Warley and Constitutional Jurisprudence of the 'Progressive Era'," 51 Vanderbilt Law Review 787 (1998). cu
"The Cartelization of Commerce," 22 Harvard Journal of Law and Public Policy 209 (1998). cu
"Affirmative Action for the Next Millennium," 43 Loyola Law Review 503 (1998). cu
"The Right Set of Simple Rules: A Short Reply to Schauer and Comment on Cohen," 12 Critical Review 319 (1998). cu
"The New Chicago School: Myth or Reality?," 5 University of Chicago Law School Roundtable 1 (1998) (with Lisa Bernstein & Eric A. Posner & Randal C. Picker). cu
Response, "Protecting Property with Legal Remedies: A Common Sense Reply to Professor Ayres", 32 Valparaiso University Law Review 833 (1998). cu
"Imitations of Libertarian Thought," 15 Social Philosophy and Policy 412 (1998). cu
"The Promise and Pitfalls of Simple Rules," 9 Constitutional Political Economy 151 (1998). cu
Response, "Pennsylvania Coal v. Mahon: The Erratic Takings Jurisprudence of Justice Holmes", 86 Georgetown Law Journal 875 (1998). cu
"More Fidelity, Less Translation: A Loyalist's Response to Professor Treanor," 1 Green Bag 185 (1998). cu
"Libertà e femminismo," 147 Biblioteca della libertà 51 (1998). cu
"Employment Law: Courts and Contracts," 28 California Western International Law Journal 13 (1997). cu
"Subrogation and Insurance, With Especial Reference to the Tobacco Litigation," 41 New York Law School Law Review 493 (1997). cu
"Fidelity Without Translation," 1 Green Bag 2d 21 (1997). cu
"Externalities Everywhere? Morals and the Police Power," 21 Harvard Journal of Law and Public Policy 61 (1997). cu
"The Proper Goals of Antitrust: When Public and Private Interests Collide," 9 Loyola Consumer Law Review 122 (1997). cu
"Takings, Exclusivity and Speech: The Legacy of PruneYard v. Robins Exchange," 64 University of Chicago Law Review 21 (1997). cu
"Before Cyberspace: Legal Transitions in Property Rights Regimes," 73 Chicago-Kent Law Review 1137 (1997). cu
"The Problem of Forfeiture in the Welfare State," 14 Social Philosophy and Policy 256 (1997). cu
"The Modern Uses of Ancient Law," 48 South Carolina Law Review 243 (1997). cu
"A Clear View of the Cathedral: The Dominance of Property Rules," 106 Yale Law Journal 2091 (1997). cu
"Law and Economics: Its Glorious Past and Cloudy Future," 64 University of Chicago Law Review 1167 (1997). cu
"Book Review (reviewing James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society (1996))," 16 Economic Affairs 46 (1996). cu
"Why Is This Man A Moderate? (reviewing William A. Fischel, Regulatory Takings: Law, Economics and Politics (1995))," 94 Michigan Law Review 1758 (1996). cu
"Norms: Social and Legal," Good Society 1 (1996). cu
"Contract and Trust in Corporate Law: The Case of Corporate Opportunity," 21 Delaware Journal of Corporate Law 1 (1996). cu
"The Subtle Vices of the Employment Discrimination Laws," 29 John Marshall Law Review 575 (1996). cu
"The Tort/Crime Distinction: A Generation Later," 76 Boston University Law Review 1 (1996). cu
"Catastrophic Responses to Catastrophic Risks," 12 Journal of Risk and Uncertainty 287 (1996). cu
"Constitutional Faith and the Commerce Clause," 71 Notre Dame Law Review 167 (1996). cu
"Babbitt v. Sweet Home Chapters of Oregon: The Law and Economics of Habitat Preservation," 5 Supreme Court Economic Review 1 (1996). cu
"Some Doubts on Constitutional Indeterminacy," 19 Harvard Journal of Law and Public Policy 363 (1996). cu
"The Remote Causes of Affirmative Action, or School Desegregation in Kansas City, Missouri," 84 California Law Review 1101 (1996). cu
"The Future of Property Rights in America," 11 Journal of Private Enterprise 1 (1996). cu
Response, "Regulatory Sins versus Market Legacies: A Short Reply to Mr. Leech", 29 John Marshall Law Review 617 (1996). cu
"Book Review (reviewing James W. Ely, The Chief Justiceship of Melville W. Fuller, 1888-1910 (1995))," 40 American Journal of Legal History 109 (1996). cu
"Property Rights in cDNA Sequences: A New Resident for the Public Domain," 3 University of Chicago Law School Roundtable 575 (1996). cu
"A Conceptual Approach to Zoning: What's Wrong with Euclid," 5 New York University Environmental Law Journal 277 (1996) (Statutory interpretation and Environmental Law). cu
"Whose Democratic Vision of the Takings Clause? A Comment on Frank Michelman's Testimony on Senate Bill 605," 49 Washington University Journal of Urban and Contemporary Law 17 (1996). cu
"The Takings Jurisprudence of the Warren Court: A Constitutional Siesta," 31 Tulsa Law Journal 643 (1996). cu
"History Lean: The Reconciliation of Private Property and Representative Government," 95 Columbia Law Review 591 (1995). cu
"The Permit Power Meets the Constitution," 81 Iowa Law Review 407 (1995). cu
"The Status-Production Sideshow: Why the Antidiscrimination Laws Are Still a Mistake," 108 Harvard Law Review 1085 (1995). cu
"Unconstitutional Conditions Puzzle," 4 Cornell Journal of Law and Public Policy 466 (1995). cu
"Two Challenges for Feminist Thought," 18 Harvard Journal of Law and Public Policy 331 (1995). cu
"Dolan v. City of Tigard: Brief of the Institute for Justice as Amicus Curiae in Support of Petitioner," 15 Northern Illinois University Law Review 493 (1995) (with William H. Mellor). cu
"Are Values Incommensurable, or Is Utility the Ruler of the World?," 1995 Utah Law Review 683 (1995). cu
"Surrogacy: The Case for Full Contractual Enforcement," 81 Virginia Law Review 2305 (1995). cu
"The Harm Principle - and How It Grew," 45 University of Toronto Law Journal 369 (1995). cu
"Introduction," 15 Northern Illinois University Law Review 477 (1995). cu
"The Harms and Benefits of Nollan and Dolan," 15 Northern Illinois University Law Review 479 (1995). cu
"The Place of Caste under the Civil Rights Laws: From Jim Crow to Same Sex Marriages," 92 Michigan Law Review 2456 (1994). cu
"The Moral and Practical Dilemmas of an Underground Economy," 103 Yale Law Journal 2157 (1994). cu
"Caste and the Civil Rights Laws: From Jim Crow to Same-Sex Marriages," 92 Michigan Law Review 2456 (1994). cu
"Introduction: Baron Bramwell at the End of the Twentieth Century," 38 American Journal of Legal History 241 (1994). cu
"Standing Firm, on Forbidden Grounds," 31 San Diego Law Review 1 (1994). cu
"The Legal Regulation of Genetic Discrimination: Old Responses to New Technology," 74 Boston University Law Review 1 (1994). cu
"On the Optimal Mix of Private and Common Property," 11 Social Philosophy and Policy 17 (1994). cu
"The Ubiquity of the Benefit Principle," 67 Southern California Law Review 1369 (1994). cu
"Faculty-Edited Law Journals," 70 Chicago-Kent Law Review 87 (1994). cu
"For a Bramwell Revival," 38 American Journal of Legal History 246 (1994). cu
"Organ Transplants: Is Relying on Altruism Costing Lives?," American Enterprise 50 (1993). cu
"Lucas v. South Carolina Coastal Council: A Tangled Web of Expectations," 45 Stanford Law Review 1369 (1993). cu
"Some Reflections on the Gender Gap in Employment," 82 Georgetown Law Journal 75 (1993). cu
"A False Sense of Social Reality: A Response to Erwin Chemerinsky," 3 Southern California Interdisciplinary Law Journal 445 (1993). cu
"Holdouts, Externalities, and the Single Owner: One More Salute to Ronald Coase," 36 Journal of Law and Economics 553 (1993). cu
"The Federalist Papers: From Practical Politics to High Principle," 16 Harvard Journal of Law and Public Policy 13 (1993). cu
"Legal Education and the Politics of Exclusion," 45 Stanford Law Review 1607 (1993). cu
"Altruism: Universal and Selective," 67 Social Service Review 388 (1993). cu
"Should Title VII of the Civil Rights Act of 1964 be Repealed?," 2 Southern California Interdisciplinary Law Journal 349 (1993) (with Erwin Chemerinsky). cu
"The Seven Deadly Sins of Takings Law: The Dissents in Lucas v. South Carolina Coastal Council," 26 Loyola of Los Angeles Law Review 955 (1993). cu
"Judicial Control over Expert Testimony: Of Deference and Education," 87 Northwestern University Law Review 1156 (1993). cu
"Drafting a Constitution: A Friendly Warning to South Africa," 8 American University Journal of International Law and Policy 567 (1993). cu
"Ruminations on Lucas v. South Carolina Coastal Council: An Introduction to an Amicus Curiae Brief," 25 Loyola of Los Angeles Law Review 1225 (1992). cu
"Rights and 'Rights Talk' (reviewing Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (1991))," 105 Harvard Law Review 1106 (1992). cu
"The Authoritarian Impulse in Sex Discrimination Law: A Reply to Professors Abrams and Strauss," 41 DePaul Law Review 1041 (1992). cu
"The Path to the T. J. Hooper: The Theory and History of Custom in the Law of Tort," 21 Journal of Legal Studies 1 (1992). cu
"Property as a Fundamental Civil Right," 29 California Western Law Review 187 (1992). cu
"Affirmative Action in Law Schools: The Uneasy Truce," 2 Kansas Journal of Law and Public Policy 33 (1992). cu
"Yee v. City of Escondido: The Supreme Court Strikes out Again," 26 Loyola of Los Angeles Law Review 3 (1992). cu
"A Common Lawyer Looks at Constitutional Interpretation," 72 Boston University Law Review 699 (1992). cu
"International News Service v. Associated Press: Custom and Law as Sources of Property Rights in News," 78 Virginia Law Review 85 (1992). cu
"Why is Health Care Special?," 40 University of Kansas Law Review 307 (1992). cu
"Gender is for Nouns," 41 DePaul Law Review 981 (1992). cu
"The Indivisibility of Liberty under the Bill of Rights," 15 Harvard Journal of Law and Public Policy 35 (1992). cu
"A New Regime for Expert Witnesses," 26 Valparaiso University Law Review 757 (1992). cu
"Exit Rights under Federalism," 55 Law and Contemporary Problems 147 (1992). cu
"Property and the Politics of Distrust," 59 University of Chicago Law Review 41 (1992). cu
"Regulation--and Contract--in Environmental Law," 93 West Virginia Law Review 859 (1991). cu
"Rationing Access to Medical Care: Some Sober Second Thoughts," 3 Stanford Law and Policy Review 81 (1991). cu
"Tuskegee Modern, or Group Rights under the Constitution," 80 Kentucky Law Journal 869 (1991). cu
Response, "The Single Owner Revisited: A Brief Reply to Professor Lewin", 93 West Virginia Law Review 901 (1991). cu
"Two Conceptions of Civil Rights," 8 Social Philosophy and Policy 38 (1991). cu
"All Quiet on the Eastern Front," 58 University of Chicago Law Review 555 (1991). cu
"A Clash of Two Cultures: Will the Tort System Survive Automobile Insurance Reform?," 25 Valparaiso University Law Review 173 (1991). cu
"The Legal Regulation of Lawyers' Conflicts of Interest," 60 Fordham Law Review 579 (1991). cu
"Property and Necessity," 13 Harvard Journal of Law and Public Policy 2 (1990). cu
"The Independence of Judges: The Uses and Limitations of Public Choice Theory," 1990 Brigham Young University Law Review 827 (1990). cu
"Constitutional Conundrums in the Public Funding of the Arts," 15 Columbia-VLA Journal of Law and the Arts 30 (1990). cu
"No New Property," 56 Brooklyn Law Review 747 (1990). cu
"In Praise of Divided Government," 68 Washington University Law Quarterly 567 (1990). cu
"Compassion and Compulsion," 22 Arizona State Law Journal 25 (1990). cu
"Property Rights and the New Legal Order (panel discussion)," 21 Cumberland Law Review 451 (1990). cu
"The Paradox of Civil Rights," 8 Yale Law and Policy Review 299 (1990). cu
"Unconstitutional Conditions Obscured: A Brief Response to Professor Abrams," 27 San Diego Law Review 395 (1990). cu
"The Consolidation of Complex Litigation: A Critical Evaluation of the ALI Proposal," 10 Journal of Law and Commerce 1 (1990). cu
"Religious Liberty in the Welfare State," 31 William and Mary Law Review 375 (1990). cu
"The Evolution of Product Liability Law," 1990 Policy 5 (1990). cu
"Introduction: The Law and Economics of Risk," 19 Journal of Legal Studies 531 (1990) (with Geoffrey P. Miller). cu
"The Varieties of Self-Interest," 8 Social Philosophy and Policy 102 (1990). cu
"An Augmentation of the Guard," 19 Journal of Legal Studies 1 (1990). cu
"Justice across the Generations," 67 Texas Law Review 1465 (1989). cu
"The Utilitarian Foundations of Natural Law," 12 Harvard Journal of Law and Public Policy 711 (1989). cu
"Race and the Police Power: 1890 to 1937," 46 Washington and Lee Law Review 741 (1989). cu
Response, "Rent Control Revisited: One Reply to Seven Critics", 54 Brooklyn Law Review 1281 (1989). cu
"Unconstitutional Conditions and Bargaining Breakdown," 26 San Diego Law Review 189 (1989). cu
"Postscript: Subjective Utilitarianism," 12 Harvard Journal of Law and Public Policy 769 (1989). cu
"Beyond Foreseeability: Consequential Damages in the Law of Contract," 18 Journal of Legal Studies 105 (1989). cu
"Products Liability: From Contract to Regulation in the United States and Europe," 9 Tel Aviv University Studies in Law 49 (1989). cu
"Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute," 74 Virginia Law Review 1451 (1988). cu
"Covenants and Constitutions," 73 Cornell Law Review 906 (1988). cu
"The Mistakes of 1937," 11 George Mason Law Review 5 (1988). cu
"Rent Control and the Theory of Efficient Regulation," 54 Brooklyn Law Review 741 (1988). cu
"The Political Economy of Product Liability Reform," 78 American Economic Review 311 (1988). cu
"The Unintended Revolution in Product Liability Law," 10 Cardozo Law Review 2193 (1988). cu
"Charles O. Gregory--An Appreciation from the Wings," 74 Virginia Law Review 11 (1988). cu
"Classical Legal Tradition," 73 Cornell Law Review 292 (1988). cu
"Luck," 6 Social Philosophy and Policy 17 (1988). cu
"Foreword: Unconstitutional Conditions, State Power, and the Limits of Consent," 102 Harvard Law Review 4 (1988). cu
"AIDS, Testing and the Workplace," 1988 University of Chicago Legal Forum 33 (1988). cu
"Modern Republicanism--Or the Flight from Substance," 97 Yale Law Journal 1633 (1988). cu
"Wilder v. Bernstein: Squeeze Play by Consent Decree," 1987 University of Chicago Legal Forum 209 (1987). cu
"Legal Liability for Medical Innovation," 8 Cardozo Law Review 1139 (1987). cu
"The Risks of Risk/Utility," 48 Ohio State Law Journal 469 (1987). cu
"Public Trust Doctrine, The Government, the Economy, and the Constitution," 7 Cato Journal 411 (1987). cu
"The Proper Scope of the Commerce Power," 73 Virginia Law Review 1387 (1987). cu
"The Fundamentals of Freedom of Speech," 10 Harvard Journal of Law and Public Policy 53 (1987). cu
"Self-Interest and the Constitution," 37 Journal of Legal Education 153 (1987). cu
"Inducement of Breach of Contract as a Problem of Ostensible Ownership," 16 Journal of Legal Studies 1 (1987). cu
"Causation - In Context: An Afterword," 63 Chicago-Kent Law Review 653 (1987). cu
"Beyond the Rule of Law: Civic Virtue and Constitutional Structure," 56 George Washington Law Review 149 (1987). cu
"Takings: Descent and Resurrection," 1987 Supreme Court Review 1 (1987). cu
"Book Review (reviewing Patricia M. Danzon, Medical Malpractice: Theory, Evidence and Public Policy (1985))," 61 Quarterly Review of Biology 304 (1986). cu
"A Last Word on Eminent Domain," 41 University of Miami Law Review 253 (1986). cu
"On Drafting Rules and Procedures for Academic Fraud," 24 Minerva 344 (1986). cu
"Medical Malpractice, Imperfect Information, and the Contractual Foundation for Medical Services," 49 Law and Contemporary Problems 201 (1986). cu
"Taxation in a Lockean World," 4 Social Philosophy and Policy 49 (1986). cu
"Was New York Times v. Sullivan Wrong?," 53 University of Chicago Law Review 782 (1986). cu
"Past and Future: The Temporal Dimension in the Law of Property," 64 Washington University Law Quarterly 667 (1986). cu
"An Outline of Takings," 41 University of Miami Law Review 3 (1986). cu
"The Temporal Dimension in Tort Law," 53 University of Chicago Law Review 1175 (1986). cu
"Views on Legal Education: An Exchange," 8 Harvard Journal of Law and Public Policy 269 (1985) (with Duncan Kennedy). cu
"The Uncertain Quest for Welfare Rights," 1985 Brigham Young University Law Review 201 (1985). cu
"The Historical Origins and Economic Structures of Workers' Compensation Law," 7 Workmen's Compensation Law Review 1 (1985). cu
"Products Liability as an Insurance Market," 14 Journal of Legal Studies 645 (1985). cu
"Introduction: Critical Issues in Tort Law Reform: A Search for Principles," 14 Journal of Legal Studies 459 (1985) (with George L. Priest). cu
"Why Restrain Alienation?," 85 Columbia Law Review 970 (1985). cu
"Positive and Normative Elements in Legal Education," 8 Harvard Journal of Law and Public Policy 255 (1985). cu
"Judicial Review: Reckoning on Two Kinds of Error," 4 Cato Journal 711 (1985). cu
"Two Fallacies in the Law of Joint Torts," 73 Georgetown Law Journal 1377 (1985). cu
"The Pitfalls of Interpretation," 7 Harvard Journal of Law and Public Policy 101 (1984). cu
"Toward a Revitalization of the Contract Clause," 51 University of Chicago Law Review 703 (1984). cu
"Introduction: Catastrophic Personal Injuries," 13 Journal of Legal Studies 415 (1984) (with Patricia Danzon). cu
"Introduction," 51 University of Chicago Law Review 945 (1984) (with Jeffrey Paul). cu
"The Legal and Insurance Dynamics of Mass Tort Litigation," 13 Journal of Legal Studies 475 (1984). cu
"In Defense of the Contract at Will," 51 University of Chicago Law Review 947 (1984). cu
"A Common Law for Labor Relations: A Critique of the New Deal Labor Legislation," 92 Yale Law Journal 1357 (1983). cu
"Common Law, Labor Law, and Reality: A Rejoinder to Professors Getman and Kohler," 92 Yale Law Journal 1435 (1983). cu
"Professor, Now Judge - A Tribute to Richard A. Posner," 12 Journal of Legal Studies 1 (1983). cu
"Blackmail, Inc.," 50 University of Chicago Law Review 553 (1983). cu
"The Social Consequences of Common Law Rules," 95 Harvard Law Review 1717 (1982). cu
"The Principles of Environmental Protection: The Case of Superfund," 2 Cato Journal 9 (1982). cu
"Taxation, Regulation, and Confiscation," 20 Osgoode Hall Law Journal 433 (1982). cu
"Private Property and the Public Domain: The Case of Antitrust," 24 Nomos 48 (1982). cu
"Not Deference, but Doctrine: The Eminent Domain Clause," 1982 Supreme Court Review 351 (1982). cu
"Notice and Freedom of Contract in the Law of Servitudes Comments," 55 Southern California Law Review 1353 (1981). cu
"The Historical Origins and Economic Structure of Workers' Compensation Law," 16 Georgia Law Review 775 (1981). cu
"A Taste for Privacy? Evolution and the Emergence of a Naturalistic Ethic," 9 Journal of Legal Studies 665 (1980). cu
"Automobile No-Fault Plans: A Second Look at First Principles," 13 Creighton Law Review 769 (1980). cu
"The Static Conception of the Common Law," 9 Journal of Legal Studies 253 (1980). cu
"Nuisance Law: Corrective Justice and Its Utilitarian Constraints," 8 Journal of Legal Studies 49 (1979). cu
"Possession as the Root of Title," 13 Georgia Law Review 1221 (1979). cu
"Causation and Corrective Justice: A Reply to Two Critics," 8 Journal of Legal Studies 477 (1979). cu
"Plaintiff's Conduct in Products Liability Actions: Comparative Negligence, Automatic Division and Multiple Parties," 45 Journal of Air Law and Commerce 87 (1979). cu
"Private Property and the Constitution," 30 Stanford Law Review 635 (1978). cu
"The Limits of Medical Malpractice," 298 New England Journal of Medicine 1311 (1978). cu
"Coordination of Workers' Compensation Benefits with Tort Damage Awards," 13 Forum 464 (1978). cu
"Privacy, Property Rights, and Misrepresentations," 12 Georgia Law Review 455 (1978). cu
"Private-Law Models for Official Immunity," 42 Law and Contemporary Problems 53 (1978). cu
"Products Liability: The Search for the Middle Ground," 56 North Carolina Law Review 643 (1978). cu
"Contracting Out of the Medical Malpractice Crisis," 20 Perspectives in Biology and Medicine 228 (1977). cu
"Medical Malpractice: The Case for Contract," 1976 American Bar Foundation Research Journal 87 (1976). cu
"Intentional Harms," 4 Journal of Legal Studies 391 (1975). cu
"Unconscionability: A Critical Reappraisal," 18 Journal of Law and Economics 293 (1975). cu
"Defenses and Subsequent Pleas in a System of Strict Liability," 3 Journal of Legal Studies 165 (1974). cu
"A Theory of Strict Liability," 2 Journal of Legal Studies 151 (1973). cu
"Substantive Due Process by Any Other Name: The Abortion Cases," 1973 Supreme Court Review 159 (1973). cu
"Pleadings and Presumptions," 40 University of Chicago Law Review 556 (1973). cu
"The Application of the Crane Doctrine to Limited Partnerships," 45 Southern California Law Review 100 (1972). cu
"Grade Normalization," 44 Southern California Law Review 707 (1970). cu
"The Consumption and Loss of Personal Property under the Internal Revenue Code," 23 Stanford Law Review 454 (1970). cu

Book Sections

"Combatting Union Monopoly Power: The Contrast between Pre- and Post-New Deal Legal Regimes," in The Cambridge Handbook of U.S. Labor Law for the Twenty-first Century, Richard Bales & Charlotte Garden eds. (Cambridge, 2019). www
"The Unintended Consequences of Fair Housing Laws," in The Dream Revisited: Contemporary Debates about Housing, Segregation, and Opportunity in the Twenty-first Century, Ingrid G. Ellen & Justin P. Steil eds. (Columbia University Press, 2019).
"Foreword," in In all Fairness: Equality, Liberty, and the Quest for Human Dignity, Robert M. Whaples, Michael C. Munger & Christopher J. Coyne eds. (Independent Institute, 2019).
"American Minimalism," in Our American Story: the search for a shared national narrative, Joshua A. Claybourn ed. (Potomac Books, 2019).
"Meeting the Fundamental Objections to Classical Liberalism," in The Cambridge Handbook of Classical Liberal Thought, M. Todd Henderson ed. (Cambridge University Press, 2018).
"Optimal Constitutional Structure," in The Oxford Handbook of Law and Economics: Volume 3: Public Law and Legal Institutions, Francesco Parisi ed. (Oxford University Press, 2017). cu
"The Economic Structure of Roman Property Law," in The Oxford Handbook of Roman Law and Society, Clifford Ando & Kaius Tuori eds. (Oxford University Press, 2016). cu
"The Progressives’ Deadly Embrace of Cartels: A Close Look at Labor and Agricultural Markets, 1890–1940," in The Progressives' Century: Political Reform, Constitutional Government, and the Modern American State, Stephen Skowronek, Stephen M. Engel & Bruce Ackerman eds. (Yale University Press, 2016). cu
"A Cautionary Warning on Healthcare Exchanges: A Plea for Deregulation," in The Future of Healthcare Reform in the United States, Michael H. Schill & Anup Malani eds. (University of Chicago Press, 2015). cu
"Foreword: In Praise of the English Year Books: The Modern Relevance of Mediaeval Documents," in The Creation of the Common Law: The Medieval Year Books Deciphered (Cambridge, 2015) (with Thomas Lund). cu
"Remembering Ronald Coase: The Man Who Brought Transaction Costs to Center Stage," in Ronald H. Coase (University of Chicago Law School, 2014). cu
"A Most Improbable 1787 Constitution: A (Mostly) Originalist Critique of the Constitutionality of the ACA," in The Health Care Case: The Supreme Court's Decision and Its Implications, Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison eds. (Oxford University Press, 2013). cu
"The Legacy of Progressive Thought: Decline, not Death, By a Thousand Cuts," in The American Illness: Essays on the Rule of Law, Frank H. Buckley ed. (Yale University Press, 2013). cu
"How to Create Markets in Contestable Commodities," in The Global Body Market: Altruism's Limits, Michele Goodwin ed. (Cambridge University Press, 2013). cu
"Sequential Injunctions in Patent Litigation: The Gratuitous Novelty of TiVo v. EchoStar," in Intellectual Property and the Common Law, Shyam Balganesh ed. (Cambridge University Press, 2013). cu
"Common Law Liability for Fire: A Conceptual, Historical, and Economic Analysis," in Wildfire Policy: Law and Economic Perspectives, Karen Bradshaw & Dean Lueck eds. (RFF Press, 2012). cu
"Playing by Different Rules? Property Rights in Land and Water," in Property in Land and other Resources, Daniel H. Cole & Elinor Ostrom eds. (Lincoln Institute of Land Policy, 2012). cu
"Deferred Prosecution Agreements on Trial: Lessons from the Law of Unconstitutional Conditions," in Prosecutors in the Board Room: Using Criminal Law to Regulate Corporate Conduct, Anthony S. Barkow & Rachel E. Barkow eds. (2011). cu
"What Is So Special About Intangible Property? The Case for Intelligent Carryovers," in Competition Policy and Patent Law Under Uncertainty: Regulating Innovation, G. Manne & J. R. Wright eds. (Cambridge University Press, 2011). cu
"The Imperfect Art of Medical Malpractice Reform," in Reforming America’s Health Care System: The Flawed Vision of ObamaCare (Hoover, 2010). cu
"The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying," in Fault in American Contract Law, Omri Ben-Shahar & Ariel Porat eds. (Cambridge University Press, 2010). cu
"What Broadcast Licenses Tell Us about Net Neutrality: Cosmopolitan Broadcasting Corporation v. FCC," in New Directions in Communications Policy, Randolph May ed. (Carolina Academic Press, 2009). cu
"Health Care One More Time," in Reacting to the Spending Spree: Policy Changes We Can Afford, Terry L. Anderson & Richard Sousa eds. (Hoover Institution Press, 2009). cu
"What Broadcast Licenses Tell Us about Net Neutrality: Cosmopolitan Broadcasting Corporation v. FCC," in New Directions in Communications Policy, Randolph Randolph ed. (Carolina Academic Press, 2009). cu
"The Law and Economics of Constitutionalism," in The Economics of Constitutional Law, Richard A. Epstein ed. (2009). cu
"Foreword," in Law, Liberty and the Competitive Market—Essays of Bruno Leoni, Carlo Lottieri ed. (Transaction Publishers, 2009). cu
"What's Wrong with the Employee Free Choice Act," in Reacting to the Spending Spree: Policy Changes We Can Afford, Terry L. Anderson & Richard Sousa eds. (Hoover Institution Press, 2009). cu
"Altruism and Valuable Consideration in Organ Transplantation," in When Altruism Isn't Enough: The Case for Compensating Kidney Donors, Sally Satel ed. (AEI Press, 2008). cu
"Unilateral Practices and the Dominant Firm: The European Community and the United States," in The Legal Foundations of Free Markets, S. Copp ed. (IEA, 2008). cu
"Conclusion: Preemption Doctrine and Its Limits," in Federal Preemption: States' Powers, National Interests, Richard A. Epstein & Michael Greve eds. (2007) (with Michael Greve). cu
"Preemption in Context," in Federal Preemption: States' Powers, National Interests, Richard A. Epstein & Michael Greve eds. (AEI Press, 2007) (with Michael Greve). cu
"Mandatory Retirement for Supreme Court Justices," in Reforming the Court: Term Limits for Supreme Court Justices, Roger C. Cramton & Paul D. Carrington eds. (Carolina Academic Press, 2006). cu
"ProCD v. Zeidenberg: Do Doctrine and Function Mix?," in Contract Stories, Douglas G. Baird ed. (Foundation Press, 2006). cu
"Second-Order Rationality," in Behavioral Public Finance, Edward J. McCaffery & Joel Slemrod eds. (Russell Sage, 2006). cu
"Weak and Strong Conceptions of Poverty: An Essay in Memory of Jim Harris," in Properties of Law: Essays in Honour of Jim Harris, Timothy Endicott, Joshua Getzler & Edwin Peel eds. (Oxford University Press, 2006). cu
"Contract, not Regulation: UCITA and High-Tech Consumers Meet Their Consumer Protection Critics," in Consumer Protection in the Age of the 'Information Economy', Jane K. Winn ed. (Ashgate, 2006). cu
"The Protection of Liberty, Property, and Equality.," in The Oxford Handbook of Political Economy, Barry R. Weingast & Donald A. Wittman eds. (Oxford University Press, 2006). cu
"The Optimal Complexity of Legal Rules," in Heuristics and the Law, Engel Engel & Gigerenzer Gigerenzer eds. (MIT Press, 2006). cu
"Group Report: What Is the Role of Heuristics in Making Law?," in Heuristics and the Law, Engel Engel & Gigerenzer Gigerenzer eds. (MIT Press, 2006) (with Jonathan Haidt). cu
"Rebuilding the Citadel: Privity, Causation, and Freedom of Contract," in Exploring Tort Law, M. S. Madden ed. (Cambridge University Press, 2005). cu
"The Economist in Spite of Himself," in The Origins of Law and Economics: Essays by the Founding Fathers, Francesco Parisi & Charles K. Rowley eds. (2005). cu
"Obligation of Contract," in The Heritage Guide to the Constitution, David F. Forte & Matthew Spalding eds. (Regnery, 2005). cu
"The Historical Variation in Water Rights.," in The Evolution of Markets for Water: Theory and Practice in Australia, Jeff Bennett ed. (2005). cu
"The Intractable Problem of Antitrust Jurisdiction," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI Press, 2004) (with Michael Greve). cu
"Postscript: In Defense of Small Steps," in Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy (AEI Press, 2004) (with Michael Greve). cu
"Libertarianism and Character," in Varieties of Conservatism in America, Peter Berkowitz ed. (Hoover Institution Press, 2004). cu
"In and Out of Public Solution: The Hidden Perils of Forced and Unforced Property Transfer," in Property Rights: Cooperation, Conflict, and the Law, Terry L. Anderson & Fred S. McChesney eds. (Princeton University Press, 2003). cu
"Animals as Objects, or Subjects, of Rights," in Animal Rights: Current Debates and New Directions, Martha C. Nussbaum & Cass R. Sunstein eds. (Oxford University Press, 2002) (also published as a University of Chicago John M Olin Law & Economics working paper). cu
"Implications for Legal Reform," in Regulation Through Litigation, W. K. Viscusi ed. (AEI-Brookings Joint Center for Regulatory Studies, 2002). cu
"Steady the Course: Property Rights in Genetic Material," in Perspectives on Properties of the Human Genome, F. S. Kieff ed. (Academic Press, 2002) (also published as a University of Chicago John M Olin Law & Economics Working Paper). cu
"The Marriage of Art and Business," in Unsettling 'Sensation': Arts-Policy Lessons from the Brooklyn Museum of Art Controversy, Lawrence Rothfield ed. (Rutgers University Press, 2001). cu
"From Social Norms to Legal Norms: A Neglected Cause of Big Government," in Politics at the Turn of the Century, Arthur M. Melzer, Jerry Weinberger & Richard Zimmerman eds. (Rowman and Littlefield, 2001). cu
"Property Rights in an Age of Transition: The Struggle Between Continuity and Change," in The Visible Hand: The Challenges to Private Enterprise in the 21st Century, F. W. Rushing ed. (2000). cu
"Transactions Costs and Property Rights; or, Do Good Fences Make Good Neighbors," in Chicago Lectures in Law and Economics, Eric A. Posner ed. (Foundation Press, 2000). cu
"Contracts Small and Contract Large: Contract Law Through the Lens of Laissez-Faire," in The Fall and Rise of Freedom of Contract, Frank H. Buckley ed. (Duke University Press, 1999). cu
"Foreword: Entering and Excelling in Law School Teaching," in Law School and Beyond: The IHS Guide to Careers in Legal Academia, John Moser, Richard A. Epstein & Tom W. Bell eds. (Institute for Humane Studies, 1999). cu
"Intellectual Property: Top Down and Bottom Up," in Capital For Our Time, N. Imparato ed. (Hoover Institution Press, 1999). cu
"Takings," in The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
"Customary Practices and the Law of Torts," in 1 The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
"Common Carriers," in 1 The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
"A Rush to Caution: The Cloning of Human Beings," in Clones and Clones: Facts and Fantasies About Human Cloning, Martha C. Nussbaum & Cass R. Sunstein eds. (W. W. Norton, 1998). cu
"Possession," in The New Palgrave Dictionary of Economics and the Law., Peter Newman ed. 1998). cu
"Private Property and the Politics of Distrust," in Drawing the Line: Property Rights and Environmental Protection: Proceedings of a Washington Research Council/Center for Competitive Strategies Conference, John S. Archer ed. (Center for Competitive Strategies Washington Research Council, 1992). cu
"The Perils of Setting a Constitutional Order," in An Analysis of Proposals for Constitutional Change in New Zealand, Penelope B. Cowen, Tyler Cowen & Alexander Tabarrok eds. (The Roundtable, 1992). cu
"Beyond Foreseeability: Consequential Damages in the Law of Contract," in Liability and Responsibility: Essays in Law and Morals, R. Frey & C. Morris eds. (Cambridge University Press, 1991). cu
"Competition and Corporate Law: Response," in The Function and Purpose of Corporate Law: Proceedings of a Conference held by Tasman Institute on 16 July 1990 in Melbourne (The Institute, 1991). cu
"The Two Faces of Corporate Law," in The Function and Purpose of Corporate Law: Proceedings of a Conference held by Tasman Institute on 16 July 1990 in Melbourne (The Institute, 1991). cu
"Resolved: The Civil Rights Act of 1990 Is a Threat to Our Civil Rights," in Flad-Burning, Discrimination, and the Right to Do Wrong (Cato Institute, 1990) (debate with Antonio J Califa). cu
"Was New York Times v. Sullivan Wrong?," in The Cost of Libel: Economic and Policy Implications, Everette E. Dennis & Eli M. Noam eds. (Columbia University Press, 1989). cu
"Market and Regulatory Approaches to Medical Malpractice: The Virginia Obstetrical No-Fault Statute," in Medical Professional Liability and the Delivery of Obstetrical Care (1989). cu
"On Limiting the Scope for Scientific Evidence," in Science and Technology Advice to the President, Congress, and Judiciary, William C. Golden ed. (Pergamon Press, 1988). cu
"The Uneasy Quest for Welfare Rights," in Constitutionalism and Rights, G. Bryner & Noel Reynolds eds. (SUNY Press, 1987). cu
"Legal Liability for Medical Innovation," in Medical Innovation and Bad Outcomes, Mark Siegler ed. (Health Administration Press, 1987). cu
"Liability of Accountants for Negligence: How Can We Tell the Best Rule?," in Business Law: Principles, Cases and Policy, Mark E. Roszkowski ed. (Little Brown, 1987). cu
"The Morals and Techniques of Medical Innovation," in Medical Innovation and Bad Outcomes: Legal, Social, and Ethical Responses, Mark Siegler ed. (University of Michigan Health Press, 1987). cu
"Introduction," in The New Right v. the Constitution, Stephen Macedo ed. (Cato Institute, 1986). cu
"Agency Costs, Employment Contracts, and Labor Unions," in Principals and Agents: The Structure of Business, John W. Pratt & Richard Zeckhauser eds. (Harvard Business School Press, 1985). cu
"In Defense of the Contract at Will," in Labor Law and the Employment Market, Richard A. Epstein & Jeffrey Paul eds. (Transaction Books, 1985). cu
"Private Property and the Public Domain: The Case of Anti-Trust Law," in Ethics, Economics, and the Law, Nomos XXIV, John W. Chapman & J. R. Pennock eds. (New York University Press, 1982). cu
"Voting Theory, Union Elections, and the Constitution," in Due Process, John W. Chapman & J. R. Pennock eds. (New York University Press, 1977). cu
"Voting Theory, Union Elections, and the Constitution," in Nomos XVIII: Due Process, John W. Chapman & J. R. Pennock eds. (New York University Press, 1977). cu
"Crime and Tort: Old Wine in Old Bottles," in Assessing the Criminal: Restitution, Retribution, and the Legal Process, Randy E. Barnett & John Hagel eds. (Ballinger Publishing Company, 1977). cu
"Medical Malpractice: Its Cause and Cure," in The Economics of Medical Malpractice, S. Rottenberg ed. (AEI Press, 1977). cu

Working Papers

"Toward the Peaceful Coexistence of Patent and Antitrust Law," The Global Antitrust Institute Report on the Digital Economy Research Paper Series(2020). ssrn
"Introduction to Spontaneous Order and Emergence of New Systems of Property," University of Chicago Public Law & Legal Theory Paper Series, No. 552 (2015) (with Yun-chien Chang). ssrn cu

Other Publications

"Return of the 'Scorpions'," National Review, September 2024 (with Mario Loyola). www
"Opinion: The Military Academies and a Biden Power Grab," Wall Street Journal Online, June 13, 2024. www
"Opinion: Why further litigation is sadly necessary on Obama Presidential Center in Jackson Park," Chicago Tribune, April 15, 2024 (with Michael Rachlis). www
"Opinion: Honolulu Tries to Mug Energy Companies; The U.S. Supreme Court can put a stop to this dangerous and meritless lawsuit.," Wall Street Journal Online, April 15, 2024 (with John C. Yoo). www
"Opinion: US academic leaders must stop coddling genocidal hatred of Israel on campus," The Hill, October 23, 2023 (with Alexander Talel). www
"Opinion: Israel Is Vulnerable to 'Force Majeure' Claims," Wall Street Journal Online, October 22, 2023 (with Alexander Talel). www
"Opinion: Cryptocurrency Has Its Uses—Just Not Where You Think," Newsweek, July 2023 (with Max Raskin). www
"Mayhem is Biggest Threat to Israel," National Post, July 22, 2023 (with Max Raskin).
"Opinion: The Dangerous Groundswell for Black Reparations," Newsweek, July 2023. www
"The Battle Over the Obama Presidential Center," Institute For Policy Innovation, June 5, 2023. www
"Opinion: The Inflation Reduction Act," Las Vegas Review Journal, September 3, 2022. www
"Opinion: Chicago’s Obama Center Is Under Water," Wall Street Journal, August 17, 2022 (with Michael Rachlis). www
"Should Digital Platforms be Treated As Common Carriers. It depends.," AEI Digital Platforms and American Life Project, July 2022. www
"Opinion: Biden and the Ghost of Milton Friedman," Las Vegas Review Journal, May 21, 2022. www
"The Supreme Court’s Chance to Rein In the Regulatory State," Wall Street Journal, December 8, 2021. www
"Opinion: The Biden bust-up," Las Vegas Review Journal, October 23, 2021. www
"Opinion: Soldier Field revamp hit taxpayers hard. So will the Obama center.," Chicago Tribune, June 28, 2021 (with Michael Rachlis). www
"Opinion Will There Be Inflation Under Biden," Las Vegas Review Journal, June 26, 2021. www
"Opinion Joe Biden Goes All In," Las Vegas Review Journal, April 3, 2021. www
"Opinion Biden's Busted Cabinet," Las Vegas Review Journal, December 19, 2020. www
"Avoid the Pitfalls of Student Loan Forgiveness," Defining Ideas - Hoover Institution, November 24, 2020. www
"Religious Liberty Should Prevail," Defining Ideas - Hoover Institution, November 9, 2020. www
"A Flat Tax Is A Fair Tax," Defining Ideas - Hoover Institution, November 2, 2020. www
"The Opioid Crisis and a Distorted Legal Response," Defining Ideas - Hoover Institution, October 26, 2020. www
"Opinion: In Defense of the Electoral College," Las Vegas Review Journal, September 26, 2020. www
"Trump and McConnell, Beware," Defining Ideas, September 21, 2020. www
"Untangling the ObamaCare Challenge," Defining Ideas - Hoover Institution, August 21, 2020. www
"Two Cheers for HUD," Defining Ideas - Hoover Institution, August 3, 2020. www
"Trump Helps the Environment by Enraging Environmentalists," Wall Street Journal Online, July 31, 2020. www
"Portland Goes Over the Brink," Defining Ideas, July 27, 2020. www
"Fossil Fuel Strangulation by Judicial Decree," Defining Ideas, July 13, 2020. www
"Forum: American Workers Do Not Need Unions," Law and Liberty, July 1, 2020. www
www
"Opinion: Elizabeth Warren's Flawed Approach to Trade," Las Vegas Review Journal, October 26, 2019. www
"How Bad Constitutional Law leads to Bad Regulations," The Atlantic, October 2019. www
"Reparations Are For the Living: Trying to repay people for the losses their ancestors suffering would never work. Worse, it would never achieve justice.," Hoover Digest, October Fall 2019. www
"Symposium: Title VII did not and does not extend to sexual orientation or gender identity—in 1964 or today," SCOTUSblog, August 6, 2019. www
"Chicago Betrays the Public Trust for Obama," Wall Street Journal, July 25, 2019. www
"Should We Need a Nudge to Be Free People?," Wall Street Journal, March 6, 2019. www
"Symposium: The worst form of judicial minimalism — Masterpiece Cakeshop deserved a full vindication for its claims of religious liberty and free speech," SCOTUSblog, June 4, 2018. www
"The Troubled Status of Russian Sanctions Legislation—with the President’s Signing Statement Attached," Just Security, August 4, 2017. www
"Lawless Rules," Claremont Review of Books, July 2017, at p.54.
"Presidential Miscues On The Dakota Access Pipeline," Investor's Business Daily, November 22, 2016. www
"Phil Neal, ex-UChicago law dean, hired roster of scholars, dies," Chicago Daily Law Bulletin, October 3, 2016, at p. 3 (with Lauren Duncan & Stephen Fedo & Scott J. Fisher).
"The Necessity of the Rich," Wall Street Journal, September 15, 2016.
"Apple's iPhone Blunder," Defining Ideas, February 2016. www
"The United State of America," The Atlantic, July 2014 (with Mario Loyola). www
"The Dangerous Incentive Structures of Nonprosecution and Deferred Prosecution Agreements," The Heritage Foundation, June 26, 2014. www
"Saving Federalism," National Affairs, Summer 2014 (with Mario Loyola).
Curbing the Abuses of China’s Anti-Monopoly Law: An Indictment and Reform Agenda, (Center for Protection of Intellectual Property). 2014). www
"Libertarians of La Mancha: Objections to NSA Surveillance are Too Often Fanciful," The Weekly Standard, July 2013 (with Mario Loyola). www
"NSA Surveillance in Perspective," Chicago Tribune, June 12, 2013.
"The Disabling of America," The American Interest, June 2013 (with Mario Loyola). www
"The Irrelevance of the First Amendment to the Modern Regulation of the Internet," Icarus, Fall 2013. www
"A Confused Opinion," New York Times, June 28, 2012, at p. 25.
"California Ill-Served by Development Agencies," San Francisco Chronicle, January 20, 2012. www
"Rent Control Hits the Supreme Court," Wall Street Journal, January 4, 2012. www
"Why Progressive Policies Always Fail," Washington Examiner, December 5, 2011. www
"Secret of Ronald Reagan’s Success," Chicago Tribune, February 6, 2011. www
"Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property," Free State Foundation, January 11, 2011.
"The Dangerous Experiment of the Durbin Amendment," Regulation, 2011.
"Price Controls on Your Wallet, New Regulations Threaten Banking Disaster," Washington Times, December 29, 2010. www
"No Limits: Why ObamaCare's Commerce-Clause Argument Just Doesn't Work," Chicago Tribune, December 19, 2010.
"Public Utility Concept for Health Insurance," Wall Street Journal, December 29, 2009.
"Harry Reid Turns Insurance Into a Public Utility," Wall Street Journal, December 22, 2009. www
"CEO's Legal Lament," Chief Executive Magazine, October 2009 (also published in Regulation).
"How Other Countries Judge Malpractice: The Health-care Systems Democrats Want to Emulate Don't Allow Contingency Fees or Large Jury Awards," Wall Street Journal, June 30, 2009.
"The Unravelling of Patents in the U.S.," Financial Times, March 31, 2009.
"Is the Bonus Tax Unconstitutional?," Wall Street Journal, March 26, 2009.
"Mandatory Labor Arbitration," Washington Times, March 24, 2009.
"The Ominous Employee Free Choice Act," Regulation, 2009.
"An American Icon Speaks Out (reviewing Robert Bork, A Time to Speak: Selected Writings and Arguments by Robert Bork (2008))," Regulation, 2009, at p.4.
"The Employee Free Choice Act: Free Choice or No Choice for Workers Civil Justice Forum 45," The Manhattan Institute for Policy Research, 2009. www
"Taking Law Made Hard Property," Regulation, 2009.
"Maverick in the Courtroom," Hoover Digest, 2009. www
"The Employee Free Choice Act Is Unconstitutional," Wall Street Journal, December 19, 2008.
"Back to Basics for New Zealand Labor Markets," New Zealand Centre for Political Research Newsletter, December 14, 2008. www
"A Labor Dilemma for President Obama," New York Post, October 21, 2008.
"Breaking the Patent Logjam," Financial Times, August 28, 2008.
"How to Complicate Habeas Corpus," New York Times, June 21, 2008, at p. 19.
"Special Patent Pleaders," Financial Times, April 21, 2008. www
"Anonymous judging in the EU," Financial Times, March 26, 2008. www
"Legal Analogies and Metaphors in a High-tech Age," Financial Times, January 15, 2008. www
"Foreword: The Role of Property Rights and Voluntary Exchange for Economic Development," International Property Rights Index, 2008.
"Two Minds on Injunctive Relief," Financial Times, August 15, 2007. www
"Misguided Approach," National Law Journal, August 1, 2007. www
"Privatising Bandwidth," Financial Times, July 24, 2007. www
"It’s Time To Strip Public Unions Of Their Monopoly Power," Jewish Daily-Forward, July 11, 2007.
"Double Trouble for American Telecoms," Financial Times, June 19, 2007, at p. 9.
"Risky Drug Business," Wall Street Journal, April 23, 2007, at p. A18.
"The Road to Stagnation," New Zealand Centre for Political Debate Online Forum, March 12, 2007. www
"EU Continues Battle Against Microsoft," Financial Times Online, March 5, 2007.
"Double Trouble for Telecommunications Companies," Financial Times, January 9, 2007.
"Pork and Power," Guardian Online, January 5, 2007.
"Bid Farewell to Capgains Tax," New York Sun, January 5, 2007, at p. 7.
"Property Rights Movement and Intellectual Property, The Property," Regulation, 2007.
"Cambridge v. Chicago: An Answer to Dr Arnold Relman’s New Republic Review of Overdose," Pointoflaw.com, 2007. www
"Don’t Trust Me: How We Guard Our Guardians," Hoover Digest, 2007. www
"Wright Stuff, The Antitrust," Regulation, 2007.
"The Deferred Prosecution Racket," Wall Street Journal, November 28, 2006, at p. A14.
"Patents--to Nationalise, or Otherwise.," Financial Times Online, November 7, 2006.
"Produce the Body," Wall Street Journal, October 7, 2006, at p. A7.
"Tunney Act Populism Goes Astray," Financial Times Online, September 21, 2006.
"Patent's Downward Spiral," Financial Times Online, July 19, 2006.
"The Problem With Presidential Signing Statements," Chicago Tribune, July 16, 2006, at p. C5.
"Competition Law in Two Easy Steps," Financial Times Online, July 12, 2006.
"Trolling for (patent) Trouble," Financial Times, April 3, 2006.
"You Do the Math!," New Republic Online, March 13, 2006.
"Executive Power on Steroids," Wall Street Journal, February 13, 2006.
"Google in Treacherous Waters," Financial Times, February 6, 2006.
"War on Plastic, The Antitrust," Regulation, 2006 (with Thomas P. Brown).
"A Kind Word for MercExchange," Financial Times, December 21, 2005.
"Rule Roe v. Wade Inadmissable in Alito's Confirmation Hearings," Jewish Forward, December 9, 2005.
"A Further Fix is Needed to Class Action Fairness Act," New Jersey Law Journal, November 28, 2005. www
"For Love or Money (reviewing Viviana A. Zelizer, The Purchase of Intimacy (2005))," New York Times Book Review, September 19, 2005, at p.23.
"Overrule Teal," National Law Journal, August 15, 2005, at p. 23. www
"Who Will Judge the Inquisitors?," Wall Street Journal, July 21, 2005.
"Handouts No Boom to Business," New Zealand Herald, July 18, 2005.
"FDA Goes Overboard," New Jersey Law Journal, May 30, 2005. www
"Going Overboard: The FDA," National Law Journal, May 2, 2005.
"Two Ways of Viewing IP," Financial Times, April 7, 2005.
"ECA Didn't Make the Sky Fall In," New Zealand Herald, March 8, 2005.
"Best Efficiency Gains Flow from Hands-Off Approach," New Zealand Herald, March 1, 2005.
"The Pain of Eminent Domain," Philadelphia Inquirer, March 1, 2005.
"Grokster, the Contributory Infringement Wars," Financial Times, January 31, 2005.
"Flat Tax Essay," New Zealand Herald, January 30, 2005.
"Rethink 'Wickard'," National Law Journal, January 17, 2005. www
"Pharma Furor (reviewing Jerome Kassirer, On the Take: How Medicine's Complicity with Big Business Can Endanger Your Health (2005) and Marcia Angell, The Truth About the Drug Companies: How They Deceive Us and What We Can Do About It (2004))," Legal Affairs, January 2005, at p.60.
"Why NZ, and Everybody Else, Needs a Flat Tax," New Zealand Center for Political Research, 2005.
"A Short History of Product Liability Law," Pointoflaw.com, 2005. www
"Supreme Court Discussion with Stephen Presser," Pointoflaw.com, 2005. www
"Why Rule Out Copyright Protection for Databases?," Financial Times, November 22, 2004.
"Why Open Source Software Is Not Sustainable," Financial Times, October 21, 2004.
"Look at Damages First," National Law Journal, September 27, 2004. www
"Tampering in Labour Market Limits Options," National Business Review, August 6, 2004.
"Where Antitrust Law Went Wrong," Financial Times, July 19, 2004.
"Foreign Headaches," National Law Journal, July 12, 2004 (with Michael Greve). www
"Class Actions: Warping the Law," National Law Journal, March 22, 2004.
"Can Intellectual Property Survive Its Critics?," Financial Times, March 9, 2004. www
"The Case for Flat Taxes," New Zealand Herald, January 31, 2004.
"Is There a Biomedical Anticommons Health & Medicine?," Regulation, 2004 (with Bruce N. Kuhlik).
"How Economics Works (reviewing Thomas Sowell, Applied Economics: Thinking Beyond Stage One (2004))," National Review, December 2003, at p.37.
"What Are Internet Services?," Financial Times, October 20, 2003.
"Free Markets Demand Protection," Financial Times, October 13, 2003.
"Classical, Liberal, Rational," Wall Street Journal, September 5, 2003.
"A Sore Loser on Cybertrespass," Financial Times, July 23, 2003.
"Let Competition Solve the Quandary," National Law Journal, April 14, 2003.
"In Defense of UCITA," Financial Times, April 2, 2003.
"Sarbanes Overdose," National Law Journal, January 27, 2003. www
"The Perils of Transition," Financial Times, January 22, 2003.
"Comments on Lessig on Open Internet Access," Financial Times, December 14, 2002.
"Remembering Rawls: An Appreciation from the Right," November 27, 2002. www
"A Changing of the Antitrust Guard," Financial Times, November 13, 2002.
"The Disclosure Dilemma," Boston Globe, November 3, 2002.
"A Federal Case (reviewing John T. Noonan, Narrowing the Nation's Power: The Supreme Court Sides with the States (2002))," National Review, October 2002, at p.50.
"Law and Economics: Just Scrap Title IX," National Law Journal, October 14, 2002.
"Myth-Making on Taxes (reviewing Thomas Nagel and Liam Murphy, The Myth of Ownership: Taxes and Justice (2002))," National Review, July 2002.
"Taking by Slivers," National Law Journal, May 6, 2002, at p. 21.
"Not Too Late to Stop Soldier Field Giveaway," Chicago Tribune, May 5, 2002, at p. 11.
"The Market Has a Heart," Wall Street Journal, February 21, 2002, at p. A18.
"Taking the Con out of Con. Law," National Review, 2002.
"Rawls Remembered: An Appreciation from the Right," National Review Online, 2002.
Class Actions: The Need for a Hard Second Look, (Manhattan Institute for Policy Research - Center for Legal Policy). 2002). cu
"How Much Privacy Do We Really Want," Hoover Digest, 2002.
"Life of Liberty: Robert Nozick, R. I. P.," National Review Online, 2002.
"Color Schemes: Can Affirmative Action be Reconciled with Liberal Individualism?," Reason, 2002.
"The Myth of Ownership: Taxes and Justice," National Review, 2002, at p.49.
"Respect Bayer's Patent," Wall Street Journal, 2001. www
"Impractical Equality (reviewing Ronald Dworkin, Sovereign Virtue: The Theory and Practice of Equality (2000))," Reason, October 2000, at p.60.
"Assault with Blunt History (reviewing Garry Wills, A Necessary Evil: A History of American Distrust of Government (1999))," Reason, May 2000, at p.55.
"A Necessary Evil: A History of American Distrust of Government," Reason, 2000.
"Time Requirement to Become an Attorney Should Not be Cut," Los Angeles Daily Journal, December 15, 1999.
"Law Suits Aimed at Guns Probably Won't Hit Crime," Wall Street Journal, December 9, 1999.
"HMO Lawsuits: A Liability for Patients, Too," Wall Street Journal, October 28, 1999.
"Unexplored Tributaries (reviewing William G. Bowen & Derek Bok, The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions (1998))," Reason, February 1999, at p.61.
"The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions," Reason, February 1999.
"The Structure of Liberty: Justice and the Rule of Law," Reason, January 1999, at p.61.
"The Ideological Debate in Education ," New Zealand Business Roundtable, 1999.
"Environmental Law 101," Hoover Digest, 1999.
"The Libertarian Quartet (reviewing Randy Barnett, The Structure of Liberty: Justice and the Rule of Law (1998))," Reason, January 1999, at p.61.
"The Next Rights Revolution," National Review, 1999.
"Microsoft, Macro Screwed," National Review, 1999.
"Privacy, Please," National Review, 1999.
"Congress's Copyright Giveaway," Wall Street Journal, December 21, 1998, at p. A19.
"Monoply Is Bad. Trustbusting Can Be Worse," Wall Street Journal, July 6, 1998, at p. A14.
"Sell Your Body, Save a Life," Wall Street Journal, April 16, 1998, at p. A22.
"Intellectual Property: Top Down and Bottom Up," University of Chicago Law School Record, 1998 (abridged form).
"Bork's Bite: (reviewing Robert H. Bork, Slouching Towards Gomorrah: Modern Liberalism and American Decline (1996))," New York Times Book Review, October 21, 1997, at p.18.
"Faith or Fear: How Jews Can Survive in Christian America," New York Times Book Review, August 11, 1997.
"The Interior Diaspora (reviewing Elliott Abrams, Faith or Fear: How Jews Can Survive in Christian America (1997))," New York Times Book Review, August 11, 1997, at p.26.
"Big Tobacco's Big Mistake," New York Times, June 25, 1997, at p. A19.
"PASH Decision Reflects Worldwide Disputes," Honolulu Advertiser, June 22, 1997, at p. B3.
"Human Rights and Anti-discrimination Legislation," New Zealand Business Roundtable, September 1996.
"Shamans, Software and Spleens: Law and the Construction of the Information Society," Economic Affairs, August 1996.
"The Concealment, Use and Disclosure of Information," New Zealand Business Roundtable, August 1996.
"Accident Compensation: The Faculty Basis of No-fault and State Provision," New Zealand Business Roundtable, August 1996.
"Back to Basics in the Health Care Debate," New Zealand Business Roundtable, July 1996.
"The First Freedoms (reviewing Ronald Dworkin, Freeman's Law: The Moral Reading of the American Constitution (1996))," New York Times Book Review, May 27, 1996, at p.A12.
"Review of Ronald Dworkin," New York Times, May 27, 1996, at p.A12.
"His Terrible Swift Sword," New York Times, July 30, 1995, at p. 6.
"His Terrible Swift Sword (reviewing Thomas Sowell, The Vision of the Anointed: Self-congratulation as a Basis for Social Policy (1995))," New York Times Book Review, July 31, 1995, at p.6.
"Estate Planning - Done Right," Boston Review, April-May 1995.
"The Public-Private Distinction - A Search for the Middle Political Ground," Newsletter on Philosophy and Law (APA), Fall 1995.
"Takings Exception: An Interview with Reason Magazine," Reason, 1995.
"Why Markets Beat Mandates Every Time," Round-Up (Maricopa County Medical Society), September 1994.
"The Welfare State's Threat to Religion," Wall Street Journal, July 27, 1994, at p. A15.
"Reining In the Land-Use Planners," Chicago Tribune, July 22, 1994, at p. 23 (with William H. Mellor).
"Pondering the Kevorkian Question: The Right to End Suffering Belongs to the Individual," Chicago Tribune, May 6, 1994, at p. 23.
"Where the Action is: Congress, Not the Supreme Court," Wall Street Journal, April 20, 1994.
"A Takings Exception," Washington Post, February 23, 1994.
"The Killing Grounds (reviewing Ronald Dworkin, Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom (1993))," Reason, December 1993.
"Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom," Reason, November 1993.
"Sex-Blind Jurisprudence Isn't Always Fair," Wall Street Journal, July 21, 1993.
"Unmanageable Care," Reason, May 1993.
"Testing the Barrier Between Church and State," Wall Street Journal, December 23, 1992.
"As Unions Decline, Labor Law Constrain the Job Market," Wall Street Journal, September 2, 1992, at p. A11.
"Rule of Law: Diversity Yes, but Without Coercion," Wall Street Journal, April 22, 1992.
"Keep Mandatory Retirement for Tenured Faculty," Scripps Howard News Service, August 26, 1991 (with Saunders M. Lane).
"Keep Mandatory Retirement for Tenured Faculty Modernizing the Financial System: Are Narrow Banks the Answer?," Regulation, 1991 (with Saunders MacLane).
"Book Review (reviewing Emord, Jonathan W., Freedom, Technology and the First Amendment (1991))," Communications Lawyer, 1991, at p.26.
"On Going Our Separate Ways," University of Chicago Law School Record, November 1989 (413th Convocation Address, The University of Chicago).
"The Who and the What of Tort Reform," World and I, February 1989.
"The AIDS Commission's Hidden Tax," Wall Street Journal, June 13, 1988, at p. 12.
"Establish Justice," Reason, May 1988.
"Affirmative Reaction," New Republic, October 1987.
"Bork-Bashing: Easy, Unedifying and Irresponsible," Chicago Tribune, August 31, 1987, at p. 9.
"Robert Bork and Business: A Man of Two Clashing Principles," New York Times, August 23, 1987, at p. 3.
"Private Property Makes a Comeback," Wall Street Journal, July 23, 1987.
"Why Not Rely on Free Market in Evaluating Our Professors," Legal Times, April 6, 1987, at p. 18.
"Age Discrimination Statute: Good Politics, Bad Economics," Legal Times, February 9, 1987, at p. 10.
"A Voyeur's View of the High Court," Wall Street Journal, August 1, 1986, at p. 11.
"Shooting the Insurance Messenger," Chicago Tribune, May 30, 1986, at p. 25.
"At Any Cost: Corporate Greed, Women and the Dalkon Shield," Wall Street Journal, January 3, 1986, at p.12.
"Death and Deregulation (reviewing M. Mintz, At Any Cost: Corporate Greed, Women and the Dalkon Shield (1985))," Wall Street Journal, January 3, 1986, at p.12.
"Needed: Activist Judges for Economic Rights," Wall Street Journal, November 14, 1985, at p. 32.
"Abolish the Board: Deregulate Unions," New York Times, July 21, 1985, at p. 2.
"Simple Rule for a Complex World," Wall Street Journal, June 27, 1985, at p. 30.
"Actual Malice Should Go," Chicago Tribune, February 18, 1985, at p. 11.
"Active Virtues, A Economic Liberties and the Judiciary," Regulation, 1985.
"Pirates Of Pennzoil: A Comic Opera Made Possible by a grant from the Texaco Corporation ," Regulation, 1985.
"The Active Virtues," Regulation, January January/February 1985 (also appearing under the title, Judicial Review: Reckoning on Two Kinds of Error, 4 CATO Journal 711, 1985).
"Asleep at a Constitutional Switch," Wall Street Journal, August 9, 1984, at p. 28.
"Settlement and Litigation: Of Vices Individual and Institutional," University of Chicago Law School Record, 1984.
"Manville: The Bankruptcy of Product ," Regulation, 1982.
"Is Pinto a Criminal?," Regulation, 1980.
"Products Liability: The Gathering Storm ," Regulation, 1977.

Additional Activities

Memberships and Professional Affiliations

American Academy of Arts and Sciences (1985-present)
Nominating Committee (1994-present)
Senior Fellow, Center for Clinical Medical Ethics (1984-present)
Bar admissions, California (1969-present)

Honors and Awards

Norman McLean Prize for Teaching Excellence, University of Chicago (2014)
Bradley Prize (2011)
Honorary Member, The Law and Economics Association of New Zealand (2008)
Honorary Doctorate, University of Ghent (2003)
Honorary Professor, the University of Applied Sciences, Lima, Peru (2003)

Events

Counsel for Amici Curiae in DVD Copy Control Association, Inc. v. Brunner (Tom Rubin, Microsoft, Of Counsel).
Seminar Leader, National Endowment for the Humanities, Summer 1987

Editorial Work

Editor, Journal of Law and Economics (1991-present)
Editor, Journal of Legal Studies (1981-1991)

Service

Steering Committee, PEW Program in Joint Degree Ph.D. Programs in Medicine (1986-present)
Chairman, Intellectual Property Committee (1999-2002)
Council of the University Senate (1983-1987; 1992-1995; 1998-2001)
University Council, Committee of the Council (1985-1986; 1986-1987; 1992-1995; 1998-2001)
South of the Midway Planning Committee (2000)
Chairman, Special Committee on Unext.com (1999)
Presidential Search Committee (1999)
Long-Term Planning Committee, The University of Chicago (1997-1998)
Provost Task Force on Undergraduate Education (1994-1996)
Chairman, Committee to Draft Procedures on Academic Fraud (1984-1985)
Dean's Search Committee, Law School, Chairman (1993-1994)
Rhodes/Marshall Selection Committee (1974-1993)
Spokesman for the Committee of the Council (1985-1986; 1992-1993; 1993-1994)
Presidential Inauguration Committee (1993)
Presidential Search Committee (1992)
Provost's Advisory Committee for Long Term Planning (1992)
Chairman, Conferences and Lectures, The University of Chicago Centennial (1988-1992)
Chairman, Committee on the Outside Activities of Faculty (1990 -1991)
Commencement Speaker, Convocation, University of Chicago (June 1989)
University Steering Committee for Hospital Reorganization (1986)
Faculty Board for the Orthogenic School (1982-1985)
Faculty Board for the Smart Gallery (1975-1979)